Legal Opinion

State ex rel. Board of Commissioners v. Heim

Indiana Court of Appeals

Decided May 7, 1915No. 8,549PublishedCited by 3 opinions

Prom Perry Circuit Court; William Ridley, Judge. Action by the State of Indiana, on the relation of the Board of Commissioners of the County of Perry, against Henry Heim and another. Prom a judgment for defendants, the relator appeals.

1Opinion of the CourtIbach, J.

This was an action by the State of Indiana on relation of the board of commissioners of Perry County, *655against Henry Heim and the Empire State Surety Company on a contractor’s bond. The relator appeals the case, and the errors assigned are the sustaining of appellees’ demurrers to each of the two paragraphs of appellant’s complaint.

Each paragraph of complaint avers that the board of commissioners of Perry County entered into a contract with appellee Heim for the construction of a bridge over Castle-berry Creek, and while the work was under construction, a storm caused a washout which enlarged…

2Cases cited2 opinions

  1. Linville v. State ex rel. Board of CommissionersIndiana Supreme Court · 1892
  2. State ex rel. Thornburg v. FletcherIndiana Court of Appeals · 1891

3Cited by3 opinions

  1. Equitable Surety Co. v. Board of FinanceIndiana Supreme Court · 1917
  2. Hoosier Brick Co. v. Floyd County BankIndiana Court of Appeals · 1917
  3. Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915

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