Legal Opinion

Romy v. State, ex rel. Brannan

Indiana Court of Appeals

Decided June 16, 1903No. 4,097PublishedCited by 3 opinions

Erom Allen Circuit Court; Edward O’Rourke, Judge. Action by the State, on the relation of John H. Bran-nan, administrator de bonis non of the estate of James Franklin Smothers, deceased, against Robert L. Romy and another. From a judgment in favor of plaintiff, defendants appeal.

1Opinion of the CourtBlack, J.

This was an action on the bond of Peter W. Schaden, as administrator of James Franklin Smothers, deceased, against the appellants, who were sureties on the bond; the administrator having died, and the action being brought by the appellee, administrator de bonis non of said estate.

The appellants present for our consideration the question as to the sufficiency of the complaint after verdict, and the action of the court in sustaining a demurrer to their second and third paragraphs of answer.

In the complaint it was shown, in substance, that m 1896 one Catherine E. Sunderland commenced a…

2Cases cited5 opinions

  1. Gray v. State ex rel. MillsIndiana Supreme Court · 1881
  2. State ex rel. Haines v. ParrishIndiana Court of Appeals · 1891
  3. Hockemeyer v. ThompsonIndiana Supreme Court · 1898
  4. State ex rel. Metsker v. MillsIndiana Supreme Court · 1882
  5. State ex rel. Remo v. GoldingIndiana Court of Appeals · 1902

3Cited by3 opinions

  1. Brindle v. AnglinIndiana Court of Appeals · 1973
  2. Rowley v. PogueIndiana Supreme Court · 1931
  3. State Ex Rel. Stone v. United States Fidelity & Guaranty Co.Indiana Court of Appeals · 1948

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