State ex rel. National Surety Co. v. Board of Commissioners
Indiana Supreme Court
From Rush Circuit Court; Will M. Sparks, Judge. Action by the State of Indiana, on relation of the National Surety Company and the surety company, individually, against the board of commissioners of Rush county and others. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtHarvey, C. J.
— The State of Indiana, on the relation of the National Surety Company, and the National Surety Company join as plaintiffs in this action. A separate demurrer of each defendant was sustained to the complaint; judgment was rendered. Each demurrer assigns as cause that the complaint does not state facts sufficient in that, among other defects, two parties have joined as plaintiffs, whereas the relationship of the parties plaintiff to each other and to the defendants shown by the complaint does not justify such joinder.
The controversy grows out of a township gravel road *714contract and its…
2Cases cited3 opinions
- McIntosh v. ZaringIndiana Supreme Court · 1898
- State ex rel. Zuelly v. CasperIndiana Supreme Court · 1903
- State ex rel. Harrison v. GalbraithIndiana Supreme Court · 1891