The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-08
SUPREME coURT-JUNE 7.

ADMINISTRATORS sALE-sUBsEouENT RIGHTS.
10.147 Mary Flenuer We. Travellers Insur-
anes Company. Warren c. G,
Hammond, 1.-The administrator OF David
Flenuer sold his real estate to pay debts, sub
jecJ to the life estate of the widow, who
subsequent wife. The purchaser at such sale
afterwards acquired the interest of the widow
by quit-olaim from her. The widow having
died, appellants, who were children By first
wife, inherited her third of the land. (75 Ind,
1868; 7S i'd, Ago The administrators sale did
not convey any after acquired interest which ap-
pellants obtained 1t the death of the widow, and
dld not estop them from claiming such title. The
court could only order to be sold the interest
which appellants held In the land at the time OF
the Judgment, and that WAS the interest they in
herited from David Flenner. Judgment re-
versed.
INQUEST OF INSANITY-PRACTICE-Co
1O.199 Margaret Galbreth vs. Mary Black.
Kosciusk0 C. G.
Howk, 1.-The proceeding to have person de-
oared to be of unsO1nd mind is uot a civil action
within the meaning Of section 333, r. 8. 1881,
and the party making the complaint cannot DIS
miss the proceeding without the consent of the
court, which ought not to be given over the Oh
lection of the person alleged to be of unsound
mind. t62 Ind 214J Where the jury ind that
the person is not OF unsound MUD, Judgment for
the costs should go against the complainant
Judgment aTfirmed.
OBSERVATION-DISCLOSURES G-PRACTIG
1850 Alex. Savers VS.. First National Bank
ETC. Fountain G. O.
Elliott, The name First National Bank of
Charlottesville" imports a corporation, and in
such a case IL is not necessary to aver a corpora
ton organization. az Ind, 1879; SO i'd, 527)
Trial courts have large discretion In permitting
or refusing amendments, and where the defend
ant offered to lille answer Of discharge
in bankruptcy after the issues were closed
and the Case was called for trial, there
abuse of discretion i'll refusing it. Courts have
a right TO require diligence in the formation of
issues. and carelessness i'll fling answer where
defences are fully known, is nos TO be encOur-
aged. The Endorsement of Il note as First Ma
tional Bank of Crawfordsvile, Ind," is such a
defect as might be cured by amendment and will
be deemed amended, in this court. III Ind, 1861
Judgment affirmed.
APPEALs-WANr OF NOTICE.
99S3. State OK rel. Lewis VS.. John R, East
Monroe G. @.
ecutor's bond against Jones, principal, and
East. Hodges and Butcher as sureties Judg
ment for defendants and appeal by the State
Notice of the appeal was served on East and
Hodges and as to him no notice Of any kind has
been given MIN of the appeal. Tho cause was
submitted default of the ap-
pellees In this condition of the record
the motion TO dismiss the appeal for want of
notice to Hodges must be sustained. Thunder
lock Dundee Mortgage and Trust Company,
No. 1882, last term) Appeal dismissed.
GRAVEL RoAps-NoT BOUND TO TAKE TOLL.
1o,I24 State ex rel. Burford VS.. Benjamin. F.
Jones ct al. Montgomery G. C.
Elliott, 1.-THE statute authorizing the con-
struotion of gravel and other roads, (sec 3, 624,
Revised Statutes,l authorizes the Incorporation
of companies for the construction of free, as
we'll as of toll roads. The right to take toll is
not the only franchise which the statute cOnfers.
The right Is also given to appropriate land and
to do business as corporation, with immunity
from liability on the part OF the corporators. 1t
follows that such a corporation cannot be as
sailed simply because the articles provide that
the road constructed shall forever remain free
Judgment affirmed.