Opinion

County Department of Public Welfare v. Potthoff

  • 220 Ind. 574
  • 44 N.E.2d 494
  • 1942 Ind. LEXIS 261
Court
Indiana Supreme Court
Filed
Nov 4, 1942
Status
Published
Author
Rold
On the bench
Shake, Rold
Cited by
34 cases
Authority
More cited than 38.5%

explaining that political subdivisions act "pursuant to statutory authority" that "the state may withdraw"

How later courts described this case

  • explaining that political subdivisions act "pursuant to statutory authority" that "the state may withdraw"
  • act granting repayment relief for recipients of old-age assistance from county welfare departments

Written by the judges who cited it.

The opinion

Concurring Opinion.

Rold, J.

The majority opinion cites the case of

Bolivar Twp. Bd. of Fin. of Benton Co.

v.

Hawkins

(1934), 207 Ind. 171, 189 , 191 N. E. 158, 165 , 96 A. L. R. 271, 282, as authority for the general proposition that a civil township is a political subdivision of the State, and a creature of the Legislature and acts as the agent of the State. The same principal was again announced in substance in the case of

State ex rel. Jackson, Attorney General

v.

Middleton

(1939), 215 Ind. 219 , 19 N. E. (2d) 470, 20 N. E. (2d) 509, and again in

Kassabaum, Admr.

v.

Bd. of Fin., Town of Lakeville

(1939), 215 Ind. 491 , 20 N. E. (2d) 642.

At the time the B Oliver Township case,

supra,

was decided I entertained serious doubts of the correctness of that opinion. After further study and consideration my doubts grew to a firm conviction that the decision in that case was wrong and in the Jackson case I expressed my views in a dissenting opinion. Since the majority of the court has expressed itself approving the doctrine laid down in the Bolivar Township case I reluctantly yield to the majority view and for this reason I concur in the majority opinion.

Note.—Reported in 44 N. E. (2d) 494.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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