Legal Opinion

City of Indianapolis v. American Construction Co.

Indiana Supreme Court

Decided November 28, 1911No. 21,775PublishedCited by 6 opinions

Prom Marion Circuit Court (18,780); Charles Remster, Judge. Action by the American Construction Company against the City of Indianapolis. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMorris, C. J.

Appellee, a corporation, sued appellant for a sum alleged to be due to it from the city under a contract for the construction of a district sewer. Appellant demurred to the complaint for the alleged insufficiency of facts. This demurrer was overruled, defendant declined to plead further, and judgment was rendered for plaintiff for $20,709.03. Prom that judgment, defendant appeals.

The only error assigned is the overruling of the demurrer to the complaint.

The complaint alleges that the city of Indianapolis is a municipal corporation of the first class; that on July 10, 3907, by and through its…

2Cases cited3 opinions

  1. Randolph v. City of IndianapolisIndiana Supreme Court · 1909
  2. Board of Commissioners v. BranamanIndiana Supreme Court · 1907
  3. King v. Board of CommissionersIndiana Court of Appeals · 1904

3Cited by6 opinions

  1. Rochester Bridge Co. v. McNeillIndiana Supreme Court · 1919
  2. Wright v. HouseIndiana Supreme Court · 1919
  3. Midwest Oil Company, Inc. v. StoreyIndiana Court of Appeals · 1961
  4. State ex rel. Neal v. BealIndiana Supreme Court · 1916
  5. City of Gary v. PontarelliIndiana Supreme Court · 1937

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