The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-16
RECORD OF THE COURTS.
Proceedings in. the Various Courts of
Record Yesterday.
Full Abstract of the Opinions Rendered
by the Judges of the Supreme Court
Work IN the Local Courts.
supreme Court-Mar Is.
PUBLIC ACKNOWLEDGEMENTS BIDD

PUBLIC ACKNOWLEDGEMENTS BIDDERS.
ZOO. Charles Boseker Va. Commissioners Of
Wabash county. Wabash C. c.
Elliott, Ut Ia the duty of county commits
sioners TO let the contract for public buildings to
the lowest responsible bidder but no bidder is
entitled To the contract unless he executes a
bond, with two good freehold sureties, properly
conditioned for the performance of the contract
II is the duty OF the commissioners TO determine
the s.fhciency OF tho bond rendered, and they
have, broad discretionary powers, with which
courts will not interfere, unless there has been
an abuse OF such discretion or corrupt conduct.
Iney have % right to require that the sureties
snail be solvent persons, capable of contracting,
and residents OF this State. (6S Ind, 214) An
action for damages will not lie ugainsJ q county
upon the ground that it's commissioners have
erred in determining the question OF the sutf
cheney OF n bond rendered by bidder for a
public building. Generally an action will not
lie against an affcer exercising quasi Judicial
functions for an error of judgment. An
unsuccessful bidder cannot recover for
time and money expended IN preparing u bid,
where he knows there are to be competing bid
ders. In such a case there is no implied con
tract to reimburse the bidder for such work.
Judgment affirmed.
Observation-Disclosures ERROR.
9435 James Lester We. William Brier. War
rem C. G.
Elliott, J.-where a demurrer Is sustain ed to
one paragraph of complaint and those left
Standing entitle the plaintiff TO the same relief,
and require Of him no other or greater evidence
than the one held bad would have done If de
clared good, he is not harmed, aud the judgment
VIII not he reversed for error in sustaining
such demurrer. (City of Elkhart va. Wiokmire,
this teTm.) Where more, or different, evidence
is required. the plaintiffs case is made more
difficult Of proof, 1t would he Otherwise. Judg-
ment affirmed.
ABSENT WITNESS DILIGENcE-DAMAGEs.
1O,3l8. George A. Hutts VS.. Alfred L. Shoaf.
Fountain C. C.
Howk, J.-Appellant, who was the defendant
below, moved for continuance on she ground
of an absent witness. His affidavit STATED that
the plaintiff had caused a subpoena TO he served
on the witness, recurring hlm to testify at the
trial, and knowing this, and believing that the
witness would obey the summons, the defendant
did not have him subpenaed. The excuse given
was not sufficient The appellant was not
thorized TO depend upon the subpoena of his adj
versary Under the statute the party must show
that he personally has used due diligence to pro-
cure tile attendance of the Witness Where, In
an action for injuries from an assault and bat
terry, the complaint averred that the plaintiff
was hindered from his work for IA specified time,
and WAS put to great expense for nursing medl
cal attendance, etc, the resulting damages which
the plaintiff suffered were stated with sufficient
particularly To prevent surprise on the part of
the defendant, and admit evidence OF the
specific sums paid out ny the plaintiff for the
purposes mentioned, and as to the length OF time
ne was unable to follow his usual vocation.
Judgment affirmed.