The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-21
SUPREME COURT. APRIL 20.

| EVIDENCE-PRooF LIMITED TO CASE IN HAND.
9.642. John Ogle ct ux. vs. Madison Brooks.
! Hamilton G. c.
Elliott, jim an action by a husband and
wife for an assault upon the latter to compel her
to submit to sexual Intercourse with the defend
ant, it is error to admit proof by the defendant
that several years previous the plaintiff made
| similar charges against another,man, who had
| paid them q certain sum compromise of the
matter. The general rule is that one action or
| defense cannot be made out by proving another
OF like character, and the case is not within any
| of the exceptions. Nor could it be shown by the
plaintiffs that the defendant had made similar
assaults upon other women. Judgment reversed.
cITIEs-CoLLECTING DELINQUENT TAXES
10,448. Fort Wayne Vs. john G. Lehr. Allen
c..
Howk, 1.-THE common council of a city incor-
porated under the general law, has no power to
contract with any person for the collection of
| delinquent taxes at stipulated compensation
therefor. Such a contract is ultra wires, ana
cannot be enforced by such person. (51 Ind,
2j4 55 i'd, 1854; ~ i'd, 226; Dill. Nun Corp,
3Sl.) 1t is made the duty of the city treas
nrer to collect such taxes; r. $. 1881, secs.
versed,
LANDLORD AND TENANT-IMPLIED CONTRACT.
10,4l6. Delilah finder VS.. Jane Davis ct al.
Hendricks g. G.
Mary Davis in her lifetime, paying the rent and
continuing to occupy it for eighteen months
after her death, for which time the rent was not
paid. Shortly after Roach took possession his
wife died, and thereafter the appellant, who was
his wifes mother lived with him, assisting in the
care and management of his household and chill
dren. These facts did not render appellant liza
bio for the rent. Roach having become the ten
ant by express contract, SO long as he per-
mitted to hold, though beyond the term of the
orr gnal lease, lie remained the tenant and an
swerable for the rent. Us Ind, 29S) Judgment
reversed,
ADOPTION OF CHILD-sTATUTE CONSTRUED.
9,4Sl. Elizabeth Krug VS.. Isaac Davis Mont
goinery g. G.
Elliott, J.-It is a cardinal rule that the spirit
of a statute shall be gwen effect when it can he
done without a violation of its terms. 70 Ind,
Al; 43 i'd. 362; So i'd, II; 70 i'd 24l.) The evil
dent purpose of the statute for the adoption of
children was to place an adopted child as nearly
as possible in the place of a natural one. In a
the wife, and so deeply affects the welfare of the
child, it is eminently prOner that the husband
and wife should unite in making the child their
own. AS the adopted child OF both it would
stand more hearty in the place of a natural child
than If made the child of only one of them by
adoption. Rehearing denied.
NUNC PRO TUNC ENTRY-THIRD PARTIES.
10,047. Isaac Urbouski VS.. Louis Maus Har-
rison G. G.
Franklin, C,-In proceedings to correct iudg-
ment by nuno pro tune entry, special peadings
not contemplated, and it is Lot error to
strike them out. Such motions are to be dis
posed of in a summary manner. (23 Ind, 400:
30 id, 3S3; 81 i'd, 1922 But such corrections
who have acquired rights with notice OF the
omitted entry. The public not required to
take notice of the existence and meaning of
memoranda made by the judge, upon which the
record may afterward be perfected. (Freeman,
Judgments section 66l Judgment affirmed.