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ROBERTS v. STATE EX REL. JACKSON CO. BD. OF COM'RS

No. 1071A189.

278 N.E.2d 285 (1972)

Lynn ROBERTS, Jr. (As) Auditor of Jackson County, Defendant-Appellant, v. THE STATE OF INDIANA EX REL. JACKSON COUNTY BOARD OF COMMISSIONERS, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

February 8, 1972.

Attorney(s) appearing for the Case

John M. Lewis, Seymour, for appellant.

Margarett S. Pardieck, Kenneth A. Layton, Montgomery, Elsner & Pardieck, Seymour, for appellees.

LOWDERMILK, Judge.

This action is for a mandate of the Auditor of Jackson County, Indiana, to make payment to Howard Cummings who was or had been the Deputy Surveyor of Jackson County, Indiana.

The duly elected, qualified and acting Surveyor, Edgar Lutes, had died and the County Commissioners requested Mr. Cummings to continue on and act as Deputy Surveyor until they could get a surveyor appointed to succeed Mr. Lutes. The office was held open and supervised...

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