State ex rel. Stuart v. Holt
Indiana Supreme Court
Appeal from the Marion Circuit Court (No. 10,447); H. G. Allen, Judge. Action by the State of Indiana, ex rel. Romus F. Stuart and Romus F. Stuart, in his individual capacity, against Sterling R. Holt and others on his official bond as treasurer of Marion county. Decree for defendants and plaintiffs appeal to the Appellate Court. From a judgment of the Appellate Court, affirming the decree of the court below, plaintiffs appeal to the Supreme Court.
1Opinion of the CourtHadley, J.
Suit by appellants against the principal and sureties on the official bond of the treasurer of Marion county. The board of county commissioners and the county auditor having declined to bring the action were made (defendants, A demurrer was sustained to the complaint. Appellants refused to ple.ad further, and judg¡ment was rendered .against them $or costs. That the (C.omplajnt .does not state facts sufficient to constitute n cause of action, and that the plaintiffs, neither jointly nor severally, had legal capacity to sue, are among the special grounds of demurrer.
Appellants jointly assign…
2Cases cited5 opinions
- McIntosh v. ZaringIndiana Supreme Court · 1898
- Zuelly v. CasperIndiana Supreme Court · 1903
- Neal v. State ex rel. Board of CommissionersIndiana Supreme Court · 1874
- Elliott v. PontiusIndiana Supreme Court · 1893
- Kimble v. Board of CommissionersIndiana Court of Appeals · 1903
3Cited by12 opinions
- Zoercher v. AglerIndiana Supreme Court · 1930
- Miller v. Jackson TownshipIndiana Supreme Court · 1912
- Von Holt v. Izumo Taisha Kyo MissionHawaii Supreme Court · 1960
- Regan v. BabcockSupreme Court of Minnesota · 1936
- State ex rel. Bonner v. AndrewsTennessee Supreme Court · 1914
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