Legal Opinion

Smiley v. State

Indiana Court of Appeals

Decided November 18, 1915No. 8,810PublishedCited by 7 opinions

From Morgan Circuit Court; Nathan A. Whitaker, Judge. Action by the State of Indiana, on the relation of James Truax and another, against Milton T. Smiley and others. From a judgment for relators, the defendants appeal.

1Opinion of the CourtIbach, P. J.

The substantial averments of the complaint and the court’s special findings show the *509facts of this case to be as follows: In the year 1909, upon a proper petition, the board of commissioners of Owen County, Indiana, let a contract for the construction of a free gravel road in Wayne Township in said county to appellant Smiley. He, together with his coappellants as his sureties, executed a bond payable to the State of Indiana, conditioned that Smiley would construct the road according to the plans and specifications therefor and according to the terms and conditions of his contract and “pay all…

2Cases cited7 opinions

  1. National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
  2. City Trust, Safe Deposit & Surety Co. of Philadelphia v. United StatesCourt of Appeals for the Second Circuit · 1906
  3. Hart v. State ex rel. RockIndiana Supreme Court · 1889
  4. Gilbert Hunt Co v. ParryWashington Supreme Court · 1910
  5. Hall v. CowenWashington Supreme Court · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Western Casualty & Surety Co. v. MeyerCourt of Appeals of Kentucky (pre-1976) · 1946
  2. Indiana Carpenters Central & Western Indiana Pension Fund v. Seaboard Surety Co.Indiana Court of Appeals · 1992
  3. Murchison National Bank of Wilmington v. ClarkSupreme Court of North Carolina · 1926
  4. Middle West Roads Co. v. Gradmont Haulage Co.Indiana Court of Appeals · 1937
  5. Guthrie v. State ex rel. Hughes Lumber Co.Indiana Court of Appeals · 1918

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