Pepper v. State ex rel. Harvey
Indiana Supreme Court
APPEAL from the Franklin Common Pleas.
1Opinion of the CourtHanna, J.
The State on relation of Harvey, State Treasurer, brought an action on the bond of Batzner, county treasurer of Franklin county, for defalcation. Default as to Batzner-, appearance for the sureties. Demurrer to the complaint for the following reasons:
1. That the plaintiff has no capacity to sue.
2. Defect of parties plaintiff, in this, that the Auditor of State is the only officer having legal capacity to sue.
*4013. The complaint does not contain facts sufficient to constitute a good cause of action.
These appellants also file a separate demurrer to each of the three paragraphs of the complaint.…
2Cases cited7 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- United States v. LefflerSupreme Court of the United States · 1837
- Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
21 more not listed; retrieve them via the Exa API.