[DOWNLOAD] "State Ex Rel. Black Et Al. v. Burch" by 433, 28,434, 28,435, 28,436 Supreme Court of Indiana Nos. 28 " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Black Et Al. v. Burch
- Author : 433, 28,434, 28,435, 28,436 Supreme Court of Indiana Nos. 28
- Release Date : January 08, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
ON PETITION FOR REHEARING. In considering the petition for rehearing in this case we have discovered that in setting out the facts in our opinion in the appeal of Charles T. Miser, we omitted the fact that the said Miser, on March 19, 1947, resigned as a member of the House of Representatives of the State of Indiana which was his right. The State ex rel. Cornwell v. Allen (1863), 21 Ind. 516; State ex rel. v. Huff (1909), 172 Ind. 1, 87 N.E. 141. This fact is alleged in appellee's second paragraph of answer to appellant's complaint and is admitted in appellant's reply thereto. Nothing is said in any of the briefs filed herein regarding this fact. Nor does the stipulation purporting to contain all the evidentiary facts set out this fact, although it does contain the statement that appellant had resigned from his job when he qualified as a member of the General Assembly. Furthermore, appellant, in his petition for rehearing, has not complained that this court has omitted a material fact in its opinion. In Justice to all the parties however, we believe it is our duty to consider and discuss this resignation even though it is not complained of. Although said appellant resigned, as above indicated, still, in the light of all the stipulated facts, he is not entitled to judgment mandating the appellee to issue to him a warrant in the amount demanded. Having accepted his salary as a member of the General Assembly, and, by virtue of our statute, for a period far in advance of the date of his resignation from that body, equity and good conscience should require that he return to the State the amount which he was paid for the time beyond his voluntary resignation -- this he has not done or offered to do. Had this excess not been paid to him in advance, he could not have recovered same. 43 Am. Jur., Public Officers, § 381.