The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-25
THE COURT RECORD.
Supreme COurt-June 30.


CROSS ERRORS - CORPORATION - TRANSFER OF
SToCK-MANDATE.
9,72s. Ex REL Rooms vs. First National Bank,
etc. Clark c. G.
Morris, C.-The rule requiring the names of all
the parties TO be stated III full in the ASST gnment
of errors does not apply to the assignment of
cross errors. writ of mandate. does not lie to
compel a corporation TO transfer upon its books
shares of its capital stock when sold. (High Elk.
Leg Rem. sec 3l3; Hill, 243; 40 Mo-, 1853 But
where the law makes it the duty of corporate
officer to make the transfer, he may he compelled
ny mandHmus to do 1t. (3S Geo, Z09l. section
l, 16O X. g. makes it the duty of the sheriff SELL
ing the stock to transfer it to the purchaser, and
upon refusal of the officers of the corporation to
give him access TO the books for that puI rose,
they may be compelled by mandate TO do 50. Il
Man. & Ry., 500; as Ind, IL But IN such case
the stock must be transferred subject to the
rights of the bank. The court found that
Howley, an officer of the bank, held the
surety on a motto of Rooms, the Judgment
debtor, but the evidence fails TO show that there
was any transfer of the stock on the books of
the bank TO Howley. This is the only way he
443 Is Mass, 500. 531; 81 Col, 49, The evi.
dence, therefore. fails to sustain the finding of
the court. Judgment reversed.
ASSIGNMENT OF ERRoRs-NAMEs OF PARTIES.
1o,111. Estate of William Thomas vs.. George
Service. LapOrJe C. c.
Black, C.-The assignment Of errors is as fol-
lows: "In the matter Of the claim Of George
Service vs., The Estate of William Thomas, the
appellant, the estate of william Thomas, de-
SAYS" etc. This was not a compliance with the
rule requiring the full names of the parties to
be stated. AS lad, 3S4; II Id, l76; 90 i'd 1919
Appeal dismissed.
1O,32s. Anna Nownn vs. Ferris Whpple.
Dearborn c. @.
Franklin, C-There is no sufficient brief on file
by appellant to present any question in this case,
but an examination of the record shows it
to be imperfect that no question is properly
saved by it. Judgment affirmed.
pEMURRER-DEcEDENTs'E sTATEs-sALE OF REAL
ESTATE.
10,432. Elk rel. Clawson vs. William YOunts.
Hammond, 1.-The words contain facts suffi-
olent' in demurrer, are the equivalent of the
words Estate facts sufficient" comp amt to
review Judgment which does not show upon Ius
face that the action was not commenced in time
Is good as against demurrer for that cause.
The original action was upon the bond OF a COM
missioner appointed TO sell real estate OF a de-
eedent who had converted the proceeds of the
sale to his own There was no provision in
the deeedents' act of 1852 authorizing tho ap-
pointment OF such a commissioner. The sale
was required to be made by the administrator
or executor alone. i65 Ind, 1907 The appoint
ment vas therefore void, the bond exc
cuted by the commissioner was void, the
et no te s n9 5ia d. 5s ~
ID, 1851 The complaint in the original case
being upon bond unauthorized by statute, and
without any consideration to make It good as
common law bond, was bad on demurrer. Judg-
ment affirmed
NEUTRALITY-SUSPICIOUS.
1o,i03. Charles shaEtuck VS.. Robert s. Cox.
BickneI, C-Appellant alleged in his com
plant the sale of certain land under an execu-
ton against him in favor of one Collier; that
afterwards Collier sold the Judgment and as
signed the certificate OF sale TO appellee. who
claimed that much larger sum was due on the
Judgment than was in fact due Prayer for an
accounting. The appellee filed cOunter-claim
alleging that IN fact appellant had redeemed the
land from the Collier sale with money furnished
for that purpose by appellee, and that he held
w ha han faE
out on the Collier sale, as
security for the repayment of the loaned money.
Prayer for accounting and that the money
due appellee be ordered paid, ETC. Under the
ayerments OF this eOuater-claim the sheFltfs deed
was In fact mortgage ana he was entitled to
have lt rorecl0sed as suchnn his counter claim,
but 1t was necessary that copy of the deed
should he filed with the pleading, and without
such copy the cOun ter-elsim was bad on demurrer.
Judgment reversed.
DELINQUENT TAX sALEs-sTATE's SHARE OF Ex-
PENsEs.
1860. Edward H. Wolfe The State rel.
Kennard. Marion s. G.
Howk. This was an action by the appellee
treasurer of Carroll county, for mandate
against the Auditor of State to compel him to
audit a claim of the county for money erroneous
ly paid to the State. The complaint ayerred that
by mistake the county treasurer had paid over
to the State the States aluuot part of the cost
of advertising delinquenG lands for sale for
taxes assessed for State and county purposes;
that the board of county commissioners had
amined into the matter and made an order for
the Tepaymen of said money which the Auditor
of State refused to audit and allow. Held: the
county board does not act judiealy, but mi his
terally, under section 6511, 4. s., in ascertain
ing that erroneous payments have been made
by the county to the State Treasurer. (36 H..
l75; 46 ID, 454.) The remedy provided ia Faid
section was strictly pursued by the county
board in this case, and when the order and GER
tiicate were presented TO the Auditor of State it
became his duty to audit and allow the amount
certified TO be due The county treasurer is a
proper relator to enforce the repayment into
the county treasury of money belonging to the
county fund. Judgment affirmed.
Emanuel Fischer VS.. Vim. M. Bell. Warrick
C. G. Affirmed. Franklin, c.
James :. Mcintyre Lewis Marine. Porter
C. G. Affirmed. Black, C.
Jacob NJ. Soluble VS.. David II. Slagel. Shelby
C. G. Affirmed. Elliott, j.