The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-28
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
Work in the Local Courts.
Supreme Court-March FL.
Hon. william A. Woods, Chief Justice.
NEUTRALITY-SUSPICIOUS. LETTER.


Hon. William A. Woods, Chief Justice.
ACKNOWLEDGEMENTS LETTER
1o,o93. Castaline A. Gibson VS.. Joseph D.
Lacy, Shelby G. G.
Woods, g. J.-While appellee was in the en-
pigment of appellant, at the request of the lat
ter, he accepted the agency of the railroad COM
pany at the station where he was employed, it
being agreed that he should look to appellant
Tor his compensation for both services. Appel
liant denied this agreement and put in evidence
a letter written by appellee to the president of
the company, TO the effect that for eleven months
OF the time appellee acted as agent of the COM
pany he was not in appellants employ, and ask
ing If che company would pay him for that time.
The appellee having testified that he wrote this
letter at the instance of appellant, there was no
error in permitting the letter in answer to it
from the company to be read in evidence. Judg-
ment affirmed.
MISUNDERSTANDING.
1o,2s9. Andrew swiheart We, George shaffer
Lagrange c. c.
Howk, 1.-THE objection that n pleading is not
sworn to cannot be reached by demurrer for
want of facts The proper practice is TO move
TO reject or strike the pleading from the record.
az Ind, $50, IS ID, 343.) Where two answers
are Identical, but one purports to answer the en-
tire complaint ana the other is limited to a single
paragraph thereof it is not error to sustain de-
murrer to the first and TO override it to the last,
the facts pleaded be ne good as to the one para
graph or complaint. Judgment affirmed.
RAILROAD Observation-Disclosures.
l0,33S. L., N. A. & c. R. K. Co, vs.. George
Stevens. Carroll c. c.
AOl!CEsy J.-ACJlOn IOr properly destroyed DY
fire. Appellant contends that the complaint
charges negligence only in the running of one Of
appellants trains, and that upon that charge
there Is failure of proof. This construction of
the complaint is too narrow. IL charges
negligence not only in running the train, but
In permitting dry grass, etc, to accumulate
upon tue track and right of way, in using a
defective engine, and in allowing the fire to
escape upon appellee's land. The Jury had q
right To consider all the circumstances, as we'll
as the direct proofs, and in of conflict to
declre whether or not the alleged negligence
was made out AS Ind. 476; Al i'd, 22S; 81 i'd,
$50; 66 3D. 43, II i'd, 100 Judgment affirmed
PRACTICE - WITHDRAWING INTERRo GAToRIEs.
1880. Daniel Summers vs.. James Great
house. Spencer @. q.
Elliott, Upon appellants request the court
submitted heterogeneous to the jury, bnt after
the jury had been out an hour they reported
that they could not answer the heterogeneous
without further data, wheTeupon the court asked
counsel If they would allow the jury to take the
papers and Dill OF particulars in the case,
and upon appellants objectng the court with
drew all the 1nnterrogatories and received
general verdict. This was error. The jury
were bound to answer all the inJerrOgatories the
evidence enabled them to, and to state their ill.,
ability to answer the others. When the parties
and the court enter upon trial by jury the case
must proceed according TO the general rules of
law applicable to such cases, unless 1t is one
which the court sends to the jury for a finding
upon particular questions of fact for the infor-
nation of the court, as provided by section 400,
X s., 1881. Judgment reversed.
PRoMIssoBY NoTE-sCHooL CORPORATIONS.
10, 1875; State ex rel Baldwin We, City of Terre
Haute. VigO s. G.
Woods c. Under the act of 1852 for the
sale OF county seminaries, VigO county sold to
the city Of Terre Haute the seminary lot of that
county. The purchase was made for the use of
the city schools, and the city executed
notes notes to o. the e., county for the PURCHASE
school fund. The suit was upon the notes.
The city had no power to make the purchase, nor
TO bind itself by ncies, this power residing alone
425 So i'd, ia, 267; SIS i'd, 1876; 50 i'd, 60; 81
Id, 230.) No demurrer to the complaint was
rightly sustained. Judgment affirmed.
NEUTRALITY-SUSPICIOUS. NEGLIGENCE.
1929. AOner II. Bowen VS.. Samuel Bragmier
Carroll @. c.
Niblack, J-Appelle, as guardian of William
Bragmler, held a senior mortgage ON real estate
for money of his ward loaned to one MeKain,
who had given junior mortgages to other parties
on the same property The holder of the second
mortgage FLED an action to foreclose, making
appetite and Others parties, ana alleging that the
apDelle's mortgage was luEy paid, and his
the first lien. Upon default of appelle, a decree
was entered accordingly. Atterward appelle
filed complaint to set aside the Judgment
taken by default, alleging that his ward,
who was the real party in interest, had not been
served with process, and that appellee was in
formed both by the sheriff and by the stepfather
of his ward that it would not be necessary for
him to appear in the case, etc. The court set
aside the Judgment. This was error. When
summoned to appear in the action appellee be-
csme chargeable with notice of all the complaint
contained. and the opinions of persons not
uected with the case could not relieve him of the
duty of lnquirlng into the matter. 40 Ind, 297;
% Id 25lJ Nor was the failure 10 make the
ward party Important. Although the appellee
to contracts entered into by him concerning it,
he was the only necessary party to an action
either for their enforcement or annulment. 90
Ind. 397; 78 i'd, 353; Perry on Trusts, S328.)
Judgment reVersed.