Legal Opinion

Houser v. State ex rel. Bent

Indiana Supreme Court

Decided December 14, 1915No. 22,823PublishedCited by 1 opinion

From Miami Circuit Court; Joseph N. Tillett, Judge. Action by the State of Indiana, on the relation of Walter S. Bent, commissioner, and others, against Burvis A. Houser and others. From a judgment for relators, the defendants appeal. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)

1Opinion of the CourtSpencer, J.

The sole question properly presented by this appeal may be thus stated: Are the sureties on a bond executed by a county surveyor as drainage commissioner ex officio, pursuant to the provisions of §6140 Burns 1914, Acts 1907 p. 508, liable for the defalcation of their principal while he is acting as commissioner of construction under the provisions of §6143 Burns 1914, Acts 1907 p. 508? Section 6140, supra, being §1 of the drainage law of 1907, provides that “It shall be the.duty of the board of commissioners of each county in this State, *89at their first regular session in January, after the…

2Cases cited3 opinions

  1. Cooper v. People ex rel. Madison CountyIllinois Supreme Court · 1877
  2. State v. ThomasTennessee Supreme Court · 1890
  3. People v. GardnerCalifornia Supreme Court · 1880

3Cited by1 opinion

  1. Board of Commissioners v. State ex rel. BakerIndiana Supreme Court · 1916

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