Archer v. Board of Commissioners
Cases that cite this one
8 later published cases cite this decision.
- Jones v. State Ex Rel. Indiana Livestock Sanitary Board (Ind. 1960)
- McCollom v. Shaw (Ind. Ct. App. 1898)
- Board of Commissioners v. Auburn Foundry & Machine Works (Ind. Ct. App. 1896)
- McCabe v. Board of Commissioners (Ind. 1874)
- Board of Commissioners v. Ross (Ind. 1874)
- Dennison v. Austin (Wis. 1862)
- Board of Commissioners v. Chitwood (Ind. 1857)
- Campbell v. Brackenridge (Ind. 1847)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Assumpsit by Archer against the board of commissioners of Allen county. There are four counts in the declaration. Two of the counts are founded on a special contract relative to the making of bricks by the plaintiff for the defendants. The other counts are for bricks sold and delivered to the defendants by the plaintiff. General demurrer to the declaration,, and judgment for the defendants.
The declaration, in this case, cannot be sustained. The defendants are only charged in their corporate capacity. No act of theffs, relative to the subject-matter of this action, could render them liable.in their character of commissioners, unless such act was done by them at a regular meeting of the board'at the time fixed by law. The declaration does riot show any' act of the commissioners done at such a time; and it is consequently insufficient.
The judgment is'affirmed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.