The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-08
THE COURT RECORD.
Supreme Court-Jan. 6.

BILL FOR REVIEW BARS AN APPEAL
10,050. Travellers Insurance Co. vs.. William
III. Carpenter, Vigo, c. c.
Bicknell, C.-The appellee obtained a iudg-
ment by default against appellant on policy of
insurance, and appellant filed complaint for
review on the ground only that the complaint did
not state facts sufficient to constitute cause of
action. The alleged error in overruling the
motion to set aside the judgment by default was
not presented in the proceedings for review, but
it might have been presented in shat pro-
ceeding. Us Ind 23O.) party may appeal TO
this court NAV file in the lower court bill
for review, but the adoption OF one OF these rem
edies bars the other "a Ind, $685. 10 Ind, Al:
~ i'd, 81; 70 Ind, 424) Appeal dismissed.
10,051. La Caisse, Etc, Insurance Co. vs. Will
lam II. Carpenser, Vigo c. C.
Bicknel, C.-The same question is presented
in this as in the case above, and upon the au-
thority of that case the appeal is dismissed.
MARRIED MOUNTAINEERING LIEN
9,6o1. James Thompson VS.. Rosanna Shepard
Porter G. G..
Morris, C.-Appellee, being the owner of lot.
raised $500 on it by mortgage and gave the same
to her husband, who was a carpenter, TO build a
house on the lot with. During its erection she
looked at the work occasionally. but gave no di-
rections about it. She did not personally employ
appellant to work on the house nor expressly au-
thori5e her husband to do SO, but he did work
under u contract with the husband, who agreed
to pay HIM therefor. These facts, fairly con-
strued. justify the inference that the house was
built by appellees husband for her, either
her agent or for the $400 a contractor. In
either view OF the case appellant entitled
to n mechanics lien ON the house for the value
of his labor, ~ Ind, 1873; sc i'd, 585: II i'd,
159; 60 i'd, III 50 i'd. 220). Judgement at.
fit med
ADMINISTRATORS BoND-CoNvERsIoN
1881. Milton P. Embree VS.. State OK rel.
Federer. Gibson, c. G.
Niback, J.-Where an administrator has
been guilty of breach Of his bond,
suit may be maintained against him
and his sureties the relation OF
a creditor OF the estate, and in case of recovery
the Judgment ought to be in the name of the
State for the benefit of the estate generally; and
the damages when collected, after com pen sa-
ton the relator, shall be paid into court to be
disposed of according to law. Simply demand
upon the administrator for the payment of a
lain, and his refusal to pay is not sufficient
evidence OF a conversion of the assets OF the
estate by the administrator. For ought that is
thus shown the assets unadmInistered may still
be in existence awaiting the appointment of au.
other administrator. % Waits Ae. and Def. 1861
Judgement reversed
9,36s. John Maynard vs.. Solomon Mier.
Whitley G. G.
Woods, 9. IA stipulation in q note to pay
attorneys, even II conceded to be void, would
otherwise affect the validity of the note.
Judgment affirmed
ILLEGITIMATE oHTLD-MARRIAGE OF PARENTS.
9.S05. George W. Brock vs. State ex rel.
johnson. Floyd C. G.
Elliott J.-Under our statute, S2,475, 2,476.
marriage legitimatzes an child born before the