State ex rel. Markley v. Frantz
Indiana Supreme Court
Prom Wells Circuit Court; Samuel E. Cook, Special Judge. Action by the State of Indiana, on the relation of Gabriel T. Markley, superintendent for the construction of a drain, against Peter Prantz and others. Prom a judgment for defendants, the relator appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)
1Opinion of the CourtMorris, C. J.
This was a suit on a contractor’s bond, instituted by appellant, the State of Indiana, on the rela*318tion of Gabriel T. Markley, as superintendent for the construction of a drain, against appellee Peter Frantz, as principal, and the other appellees as sureties. The court overruled a demurrer to the complaint, whereupon appellees filed an answer in seven paragraphs, the first of which was a general denial. A demurrer, to each paragraph of answer except the first was sustained except as to the seventh. A reply of general denial, addressed to the seventh paragraph, closed the issues. There was a…
2Cases cited3 opinions
- Union National Bank v. FinleyIndiana Supreme Court · 1913
- State ex rel. Ackerman v. KarrIndiana Court of Appeals · 1906
- Ryder v. SheaIndiana Supreme Court · 1913
3Cited by2 opinions
- State ex rel. Davidson v. AllenIndiana Court of Appeals · 1919
- Roetzel v. State Ex Rel. StevensonIndiana Court of Appeals · 1930