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WILLSEY v. NEWLON

No. 2-173A13.

316 N.E.2d 390 (1974)

Filmore W. WILLSEY, Appellant, v. Everett R. NEWLON, Trustee, Appellee.

Court of Appeals of Indiana, Second District.

August 29, 1974.

Attorney(s) appearing for the Case

Filmore W. Willsey, Willsey & Willsey, John P. Price, Bingham, Summers, Welsh & Spilman, Indianapolis, for appellant.

Elmon M. Williams, Williams, Van Valer & Wicker, Greenwood, William K. Byrum, Fulmer, Byrum & Gagnon, Indianapolis, for appellee.

WHITE, Judge.

In a declaratory judgment action brought by the township trustee (Newlon) against the township justice of the peace (Willsey) it was held that the justice had vacated his office by removing his residence from the township. Willsey's appeal makes two basic contentions:

(1) that there is no legal requirement that a justice of the peace reside in the township, and (2) the evidence is insufficient to sustain the finding that he removed...

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