The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-24

In affirming the judgment the court severely re-
dukes counsel for the use of coarse language,
abusive of the opposing counsel instead of argu-
ing his case.
COUNTY PooR-MEDICAL ATTENDANCE.
1852. Morgan county vs. Graft W. Seaton.
Morgan c. C.
BicEnen, C-Where the county has not employ
, ed physician to attend to sick paupers, from
any cause he is unable properly to attend TO then
the township trustee has authority &c employ
a physician for such persons. Ut Ind, II, 10;
81 i'd, 49, The question as to the necessities of
the persons relieved is matter for the determin-
alton Of the trustee, and in the absence Of
fraud and collusion his decision is conclusive
t34 Ind, 1861 Judgment affirmed.
STOCK NEUTRALITY-SUSPICIOUS.
9,729 John Darrell VS.. the Hilligoss, etc.
! Grave!-road Company. Rush c. G.
HOwk, jim complaint by a gravel-road
company upon a subscription to it's stock, to be
sary TO aver that the road was built from the
starting point to the terminus, or that the com
pany had constructed, or would construct, a
Gravel-road upon the line described i'll Its arti-
cles OF association. The allegation that the di-
rectOrs had required the payment of all unpaid
stock at a specified time, of which fact the de
PENDANT had proper notice. is sufficient. IL is
within the discretion of the trial court to permit
the filing of additional pleadngs and where no
abuse of discretion is shown this court Will not
in 'erfere. (67 Ind, 80; SO i'd, 23o; "a i'd $40.
Judgment affirmed.
ADJACENT owNERs-ADvERsE POSSESSION.
1912. David Main VS., Peter Kllinger,
Best, C.-Where adjacent owners of land
caused survey to be made and a division line
to be- established, and the parties or those claim
ing under them, entered upon and held undls
puted possession of the land up to the time
established for more than twenty Years, the
line SO established is binding upon the parties
and those claiming under them, whether the
true owner or not. az Ind A. 4S i'd, 367; 40
Iowa, 80; As i'd, 7S.) Judgment affirmed
PRACTIGE--OoNFLTCTING EVIDENCE.
1925. Matthew Harring VS.. jeremiah Now
lin. Dearborn G. c.
Franklin, C.-The only question in this case is
as to the suiticency of the evidence to sustain
the verdict. Where there is evidence tending
to support the verdict as in this case, this court
cannot saw that the verdict is manIfestly I'M
just, without weighing the evidence, and this it
Will not do. Judgment affirmed.
NEUTRALITY-SUSPICIOUS. PLEADING.
lO,2S7. Andrew d. Hawley VS.. George Will
Jams, executor. Fayette G. c.
Hammond, faction by the appellee's testa-
tril for malpractice. The complaint alleges that
physician TO cure her OF certain illness; that
he conducted himself in igno-
rant, nuskillful and negligent manner,
whereby the plaintiffs health was
greatly injured. In a second para graph it was
avered that the defendant $50 negligently and
unsklfully and unprofessIOnalIy administered
said medicines, and then and there also gave and
administered such poisonous and noXious drugs"
that she became permanently diseased, etc. A
motion to make each paragraph more specific
was Overruled. This was error. 1t is impossi-
BILE to gather from the avernents OF the COM
plant any idea of the nature OF the plaintiffs
Illness or what the appellant did or omitted TO
do that constituted the negligence or unskillful
ness complained of. physician charged with
negligence and unskillfuness III the practice OF
his profession Is entitled to be advised of the
specific acts of commission or omission which
constitute the negligence and unskillrulnesS, so
that the plaintiffs proof may be confined to
such acts and the defendant may reasonably
prepare for his defense. (See 20 Ind, 1876; 81
id, 800 Judgment reversed.
The following eases were also decided, alb
stracts of which will appear tomorrow:
Mary Fisher vs. James b, Payne. johnson C..
c. Affirmed. Best, G.
George Carver vs.. Newton Smith. Montgome-
| nv c. c. Affirmed. Bckneil, c.
| Henry Wmpperman vs.. Jacob Smith, White
| c. c.. Affirmed. Black G.
Sas Baldwin VS.. Frank Fleming. Marion c. c.
Affirmed. Black, G.
William Thomas vs.. George Service. L1porte
| G. G. Rehearing denied Black, c.