158 Ind. 155 | Ind. | 1902
This action was brought by the relator to compel, by writ of mandamus, Samuel Kerr, auditor of Monroe county, to convene the county council of said county in special session, and the latter body, when so convened, to make an appropriation to pay the balance of an amount allowed by the board of commissioners of said county for the per diem of the relator as county superintendent. The court sustained a demurrer for want of facts to the' petition and alternative writ, and final judgment was rendered in favor of appellees.
It appears from the allegations of the petition and alternative writ that the relator was county superintendent of
The other questions in this case are ruled by the case of State, ex rel., v. Monroe County Council, ante, 102.
Judgment affirmed.