# County Department of Public Welfare v. Potthoff

> Indiana Supreme Court · November 4, 1942 · 220 Ind. 574

URL: https://www.frixlaw.com/law-library/cases/3420713

## Case

- **Full name:** County Department of Public Welfare of Allen County Et Al. v. Potthoff
- **Court:** Indiana Supreme Court
- **Decided:** November 4, 1942
- **Citations:** 220 Ind. 574; 44 N.E.2d 494; 1942 Ind. LEXIS 261
- **Precedential status:** Published
- **Opinion:** Concurrence by Rold
- **Judges:** Shake, Rold
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3420713

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3420713. Public record. Not legal advice.