# Parker v. State ex rel. Powell

> Indiana Supreme Court · December 17, 1892 · 133 Ind. 178

URL: https://www.frixlaw.com/law-library/cases/7051589

## Case

- **Full name:** Parker v. The State, ex rel. Powell
- **Court:** Indiana Supreme Court
- **Decided:** December 17, 1892
- **Citations:** 133 Ind. 178; 32 N.E. 836; 1892 Ind. LEXIS 266
- **Precedential status:** Published
- **Opinion:** Concurrence by Olds
- **Judges:** Coffey, Howard, Olds
- **Cited by:** 92 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/7051589

## Opinion text

Concurring Opinion.
Olds, J.
I concur in the principal opinion in this case. In my opinion it properly and legitimately expresses an opinion on the question of the constitutionality of the two acts of the Legislature, viz., the acts of 1879 and 1891. To decide the case it is absolutely necessary to determine the constitutionality of* these acts, or at least one of them. While it is true the appellee must fail whether the acts are valid and constitutional or unconstitutional and void, yet to dispose of the cáse, the court must determine whether these acts are valid or void, and being compelled to determine the question as to their validity, the court should, in all fairness, express an opinion disclosing upon what theory the opinion rests; whether upon the grounds that the acts, or either one, or both of them, are valid or void.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7051589. Public record. Not legal advice.