Legal Opinion

State ex rel. Horall v. Jacobs

Indiana Court of Appeals

Decided November 2, 1921No. 11,089PublishedCited by 3 opinions

From Daviess Circuit Court; James W. Ogdon, Judge. Action by the State of Indiana, on the relation of Thomas H. Horall, against Thomas Jacobs and another. From the judgment rendered, the plaintiff appeals.

1Opinion of the CourtEnloe, C. J.

Thomas Jacobs, named as one of the appellees herein, had taken a contract for the construction of a public drain. He filed his bond as such contractor with appellee indemnity company as surety thereon.- The relator instituted suit on said bond against both of said parties, alleging a breach thereof, in ■ that said contractor did not complete said ditch within the time specified in his contract. Service was had upon both defendants, and both appeared and defended. Various motions were filed by said-defendants relating to the complaint of appellant, and after rulings on these motions, the…

2Cases cited4 opinions

  1. Barnes v. WagenerIndiana Supreme Court · 1907
  2. Wayne Sewer & Drain Co. v. Ward Cowen Constraction Co.Indiana Court of Appeals · 1919
  3. Daegling v. StraussIndiana Court of Appeals · 1915
  4. Ayrshire Coal Co. v. WestIndiana Court of Appeals · 1919

3Cited by3 opinions

  1. Wisconsin Lumber & Coal Co. v. WallIndiana Court of Appeals · 1926
  2. Hutson v. BrookshireIndiana Court of Appeals · 1923
  3. State ex rel. Mason v. JacobsIndiana Court of Appeals · 1921

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