Opinion

State ex rel. Worrell v. Carr

  • 13 L.R.A. 177
  • 129 Ind. 44
  • 28 N.E. 88
  • 1891 Ind. LEXIS 17
Court
Indiana Supreme Court
Filed
Jun 18, 1891
Status
Published
Author
Elliott
On the bench
Elliott, Olds
Cited by
46 cases

The opinion

Elliott, J. —

I concur in the conclusion reached in the opinion of the court solely upon the ground that the controversy as to the particular office in dispute is settled by the prevailing opinions delivered in the cases between the claimants to the office on former appeals. Accepting those decisions as the law of the particular controversy, as the court is bound to do, it must follow that Worrell is the rightful •officer, and that, as the rightful officer, he is entitled to the ■compensation attached to the office. The case, in the form it has assumed, is unique, and can not, as I suppose, be deemed a precedent justifying the inference that a State disbursing, or distributing, officer must, at his peril, decide a controversy between rival claimants to a public office. This I say because the ■doctrine of the prevailing opinions on former appeals is that Peelle did not have, and could not have, any title to the office ; and upon these decisions the auditor of State could have acted without incurring any risk, inasmuch as the entire controversy as to the right to the office concerned matters of law and not of fact. In saying this I do not mean to be understood as receding from the opinions heretofore expressed upon the principal question, for I here simply yield to the doctrine declared by the court in its former decisions.

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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