The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-14
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-Dec. -.
CIrIEs-ANNExING TERR1roRY-NorIcE.

ClIIES-ANNEAINGT ERRIfORG-NOTICE.
e,4O9. City of Terre Haule VS.. Harriet G.
Beach. Vigo C, q.
Elliott, Where the petition for annexation
OF territory to a city is sufficient on its face TO
confer jurisdiction of the suhiec 1t can
not be overthrow by injunction proceedings, al
though erroneous. The proper proceeding in
such cases is by appeal &c Ind, 549 70 i'd
233; 81 ia, 5000 There is nothing to show that
some notice OF intention to present the petition
was not given and where there is some notice.
although defective one, aud the commissioners
have adjudged it sufficient by acting upon it,
there can be no successful collateral attack.
(S6 Ind, Al; 70 i'd, los; 76 i'd, 500 Judg-
ment reversed.
MARRIED wOMEN's CONTRACTS.
,1o,76s. Sarah stonecipher Henry Watson,
Harrison c. c.
collars, J.-PriOr to the acts of 1879 and 1881,
a married woman was not liable on her contract
with an attorney for services in setting aside
will whereby she, as heir, obtained portion o.
the decedent's estate. tS3 in1., ego q? I'd, AZ;
~ Id, 259D Judgment reversed.
LIBEL-CENsURE BY CHURCH COUNCIL.
1882, Ewald Over vs. Jacob T. Hiuebrand
ct al. Marion c. g.
Hammond J.-Appellant sued for libel in the
publication by church council Of a resolution
of censure which Imputed unchristaln conduct
to him. Answer that the resolution was passed
ny the defendants as church council in good
falth and without malice, in the regular course
of church discipline. On the trial appellant Of
fered to prove that he was not subject To tho
discipline of the council without previous cita-
ton to appear before them and that no such cita
ton was ever made. This evidence was ex-
Guided Where the official authorities of the
church, in the discipline of q member, act in
good faith and wiz bout malice, within the iuris
dietion conferred by the laws of the church,
they are not liable for langua ge oral or written
used in such discipline. 3 Cush., Az Towns
Islander. ed, sec. 237 Hill TOrts, 355) IL
was competent for the appellant to prove that
In passing the resolution the council was not
acting within its lawful authority. To this END
the rejected evidence should have been ad
mltted. Judgment reversed.
FIRM NoTE-oBJEcTING PARTNER.
1888. Patrick W. Mofft We. John Roche.
Franklin, C.-Ordinarily, it is not necessary
that one partner shall give his consent In order
to bind the firm by the other partners execut-
Ing note in the firm name for a firm debt. The
law pTesumes such aut horiJy from the existence
OF the partnership But one partner, over the
objection OF the other, cannot execute a tirIB
note that Will bind the Ohjecting partner the
payee of the note, at the time of its execution,
having knowledge of such objection. (StOry
Part. z ed, 207, 1913, $50; Cow on Part, D. II;
Pars. Part, ed, p. 999 judgment reversed.
sHERIFF's sALE-RIGHr OF REDEMPTION.
1919 Mary j. Rector VS.. Ebert H. shrk ct
al. Wabash G. C.
for land, with an agreement with Mrs Rector.
the former owner, that she should nave six years
within which to redeem from the sale, sold the
land to Butt, who agreed to pay Shirk the
amount he had expended, with interest. and to
make good the contract with Mrs Rector. Held:
Part of the consideration being promise
for the benefit of Mrs. Rector, she had a right
to sue on 1t, and the promise was not without
consideration. parOl agreement by pur-
chaser at sherifFs sale to extend the time OF
redemption, if acted upon by the former owner,
although nothing paid for the promise by
him, cannot be repud1ated by the purchaser so
as to defeat the owners right to redeem within
a reasonable time. butt VS.. Butt, this term;
B. Monroe, 452, 261: 16 i'd. 81 Judgment re-
Versed.
The following cases were also decided, alb
stracts of which Will appear tomorrow:
Strawder Check VS.. City of Aurora. Ohio C..
c. Affirmed. Black, c.
Elijah Beck John P. Bundy. Madison C.
G. Affirmed. HOwk, c. J.
Samuel j. Wright VS.. Mary McLarinan. Har-
rsOn G. G. Affirmed. Best, O.
Edgar G. Loehr VS.. Abram Colborn. Hamil-
ton Z. G. Affirmed. Niblack J.
Vim. Evevsole VS.. Joshua Cook. Clark c. C.
Affirmed Best G.
Pennsylvania Company VS.. Ellen P Long.
Gibson &. c. Reversed. Bicknell, C. G,
Sarah RoOksby VS.. Mary j. Cooper. Harrison
G.. C. Affirmed. Franklin, C.
Francis ]. Randolph VS.. John Landworland.
Shelby c. G. Renearlng denied. Black, c.