# NOBLE CTY. COUNCIL ETC. v. State Ex Rel. Fifer

> Indiana Supreme Court · April 7, 1955 · 234 Ind. 172

URL: https://www.frixlaw.com/law-library/cases/9528428

## Case

- **Full name:** Noble County Council, Etc., Et Al. v. State Ex Rel. Fifer
- **Court:** Indiana Supreme Court
- **Decided:** April 7, 1955
- **Citations:** 234 Ind. 172; 125 N.E.2d 709
- **Precedential status:** Published
- **Opinion:** Concurrence by Bobbitt
- **Judges:** Achor, Henley, Bobbitt
- **Cited by:** 56 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/9528428

## Opinion text

Concurring Opinion
Bobbitt, J.
It seems to me that the questions presented in this appeal might have been fully decided simply by determining the authority of the circuit court under the provisions of Acts 1927, ch. 210, §4, p. 594, *193 being §9-2212, Burns’ 1942 Replacement. This act specifically grants to the circuit court the authority to appoint a probation officer and fix his salary at an amount not in excess of $2,500 per year. In order to make the act effective these expressed powers must be construed to carry with them the implied power to compel the county council to appropriate funds sufficient to pay such salary and expenses of the probation officer appointed pursuant to the act.
For this reason I concur in the result of the majority opinion.
Note.—Reported in 125 N. E. 2d 709 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9528428. Public record. Not legal advice.