The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-27
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
Supreme Court-Jan. e5.
Hon. William A. Woods, Chief Justice.
JUSTICES OBSERVATION-DISCLOSURES REC.

Supreme Court-Jan. rs.
Hon. William A. Woods Chief Justice.
| JUSTICES OBSERVATION-DISCLOSURES REC
ORD.
.9,545. John NJ. Hopper VS., Thomas Lucas.
collars. IA Judgment is not written in
strument, and a transcript thereof need not be
fled with pleading founded upon it. The suf
ficiency Of the complaint must be determined
without reference to the transcript. 81 Ind,
28l; 55 i'd, 584: So i'd, 24O; Ga i'd, 177) In an
action based on Judgment rendered by a jus
tice Of the peace tue complaint is not good with
out an averment that the court had jurisdiction
of the defendant or that the Judgment was
duly rendered. 90 Ina, 379 10 Johns, "a; "a
Cal, 32l; Freeman on Judgments, section 454D
BY confesslng Judgment defendant valves all
objections to the manner of nam!n g parties and
so does his repleviu bail. l3l Ind, 1874; 30 i'd,
1917 Where, In the record Of IA justice, figures
are used without any mark or character to lndl-
cate whether they represent pOney or something
else without aid or explanation from other parts
of the record, such Judgment is void for I'M
certainty. go ILL.,, 338; Wall, $685. II H., 427J
partner has no authority to confess Judgment
against his copartners, but where he does so the
| Judgment Will be void as to them but valid as TO
him. (36 Pa. ST., ASS l Wend., 81; Freeman
Judgt's, S543) Judgment reversed
ADMINIsTRAToRs-FRAU CONVERSION OF
| ASSETS.
5000. Thos. A. Rogers vs.. Martin L. Cook
| Huntington c. c.
Howk, J.-Aotion by appellant to foreclose a
| mortgage The complaint shows that before
any OF the notes became due, the payee removed
| to West Virginia. where he died, and his son was
there appointed Administrator or his estate: that
| the appelees had paid off all the notes. 1t is
averred that said administrator bartered away
the notes and fraudulently converted the pro
ceeds 10 his own use. Nothing being averred TO
| the contrary it must be presumed that the com
mon law prevails in West Virginia, and that the
| administrator had power to dispose OF the
assets of the estate. go Ind, 459; 60 Id, 12S;
| 81 i'd, 1881 The complaint was therefore
not sufficient without an averment that the ap-
pellees had notice of the fraudulent conduct of
tho administrator before they paid the notes.
Judgment affirmed.
| oUIETING INSTRUMENTATION BY SURETY.
1851. Joseph Rawlins vs. Henry C. Duncan.
Monroe C. G.
| Bicknell C.-The holder of a certificate of sale
made by sheriff has equitable title which
viii support an action to quiet his title. go
Ind ~ Where the motion for new trial as OF
right is made at the same term the Judgment
was rendered on the first trial, the motion need
not be IN writing. (23 Ind Ava; 43 i'd, All; 40
| i'd, 45lD Where the surety in Judgment pays
the same during TIE year OF redemption he be.
comes the owner Of the judgment and is entitled
to redeem land from a sale made under II prior
judgment, upon which the Judgment paid by
him was lien. Judgment reversed
LEGAcY-ELEcTIoN BY WIDOW
| 9,903. Medford Wilson vs. Jane Moore. Sui
| livan G. G.
| Franklin, C.-Appellant sued appeliees as
| devlsees to recover legacy. According to the
Will, the legacies were not to become due until
| the devisees took possession of the remainder of
the estate, and this could not be until the death
of the widow. The allegation in the complaint
| that the widow had not elected to take under
| had elected not to take under the will. She
might make her election at any time Q9 Ind,
| 467; 80 i'd, 402; 81 i'd, 452) If the devisees
held possession during the lifetime of the widow,
| in case of her election it could only be as her
| tenants. and, in case OF her taking under the
law, it could only be as tenants In common with
the other heirs. az Ind, 2S3; So i'd, 101.l In
either view of the case, appellants legacy was
not due when the action was commenced. Judg-
mont affirmed
COUNTY OBSERVATION-DISCLOSURES
10,022. State ex rel. Jetfries vs.. James KilrOy.
| POsey G. c.
Franklin, C,-Complaint by appellant to oust
appellee county superintendent of schools
and to have himself declared the legal holder of
the office. 1t was allersd that appellee was of
| Irish birth, and not naturaized until April 16,
| 1881, and hence was not citizen OF the county
for one year preceding his election. From the
dent that the word "inhabttant," as applied to
| county officers, does not mean ''citizen." NC
Cray Elections, SIS, 46; &c Ind, 300; 63 i'd,
| SOD. Being a resident of the county for the
requisite period before his appointment, appellee
was eligible to the office. The fact that the
township trustees selected by viva vooe vote in
stead OF by ballot, aad that one of them refused
| to vote until the auditor declared appellant
| elected, and afterward voted for appelie, thus
making tie vote, and that the auditor then gave
| the casting vote for appellee. will not avoid ap-
pellee's election The parties had the right
to vote in whatever way they pleased, and the
auditor hadno right TO declare appellant elected.
| 1t the duty of the board to canvas the votes
and declare who was elected. Judgment al
| frmed.