The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-02-06
THE COURT RECORD.
Supreme Court-Teb. 3.
Hon. william A. Woods chlof Justice.


9.455. silas sJribhng vs.. Hagerman Trip.
Jennings G. G.
Bicknell, C.-When this case was tried the code
of 1852 was in force No bill of exceptions was
filed during the trial term, nor any leave
granted at that term TO file a bill, but leave was
granted at "A subsequent term when the motion
for new trial was oyerruled.. Such a bill brings
the evidence into the record but does not
exception taken during the trial to the ex-
evidence tending TO support the fading and the
verdict cannot, therefore, be disturbed 1872 Ind,
40l. Judgement afiirmed.
sLANpER-cHARGE OF CRIME
1850. Jonathan Wilson VS.. Perry McCrary.
Rush c.. c..
Woods, G. i'm complaint for SANDER it is
not necessary that the words spoken
shall be so expressed as TO constitute
In order TO be aettonable, per Sc. Where the col
lOqulum shows that the words were spoken in a
and apples, and were by proper nnuendoes
made to apply to the plaintiff, and It is alleged
that the defendant, by the use OF the words, in
tended, and was understood by those who heard
HIM, to charge the plaintiff with the crime of
larceny, it is sufficient. Judgment affirmed
SETTING OFF JUDGMENT-ATToRNEY's LIEN
EXEMPTION.
1o,207. Elisha Puet VS.. Jacob Beard ct al.
Montgomery G. c.
Elicit, J.-This was proceeding to set Off
judgments In such case the lien Of an attOr-
ney for services in the action which resulted in
the Judgment is superior to the rights of the as
signeeR of Judgment against mis- client. The
services of the attorney secured the Judgment,
and upOn the principle when gives the mechanic
lien the article made, he should have
paramount night. Il I. R., 1914; 6 id, 456; 81
Me, 2S6: 10 Conn, 444; At Ind, 1872 Al i'd, 270;
70 id, 224J Where judgments founded CON
tracts are attempted to set of against a judg-
ment founded upon a tort, the plaintiff in the
latter judgment is entitled To have the amount
exempted by law deducted from his Judgment
before there can he any offset, provided he is a
pers on entitled to the benefit of the exemption
law. Thompson Exempt. 1913; "a N c., 81 80
pp a
assign n Judgment when recovered in an action
for a personal tort In consideration OF the ad-
vancement OF money for the sole purpose of
waging the litigation, by one who has no inter
est in the plaintiff, is champertous ana void, and
such an assignee is not entitled 10 he projected
in setting of of judgments. We're such person
shown TO be the wife or relative of the plaintiff
in the action different question might be pre-
sentad. Judgment affirmed. except as to Olivia
Beard as to whom it is reversed.
PRESBYTERIAN H-sEcEssIoN-RIGHT TO
CHURCH PROPERTY
$50, Thomas Gaff ct. al VS.. James Greer ct.
al. Jennings q. G.
Best, C.-This was an action by appellees as
trustees of the Presbyterian Church of Aurora,
to obtain possession OF the church property. IL
Is insisted that as the real question in dispute 10
whether the appellant or the appelees are the
legal trustees of the church. the proper action
was by Information under article a. OF the stat
ntes of 1876. As the action was to recover the
church property and not to determine any claim
to the office OF trustee, the proceeding adopted
was the proter one. The object Of the suit must
determine the form or the action rather than the
questions involved in the controversy. (56 Ind.
521l. The action was also properly brou ghb in
the name OF he trustees. go Ind, 500; As i'd,
275; 60 i'd, 206). Where a pleading purpOrts to
be and is treated as an answer in the trial court,
IL will not be regarded as "A counter claim in the
appellate court. ti2 Ind, 4l0; II i'd, 95 &c ID,
495l. The controlling question in the
is whether by the laws of the Presby terrain
church an individual church may
withdraw at will from the jurisdiction of the
Presbytery, and thereafter exist as an Independ-
ent Presbyterian Church. In the Presbyterian
system n local church Is hut a member of larger
organization, and is under its government and
control. The session Is controlled by the Pres
byterY, the PTesbytery by the synod, and the
SYNOD by the General Assembly. In this case
the decision of the PrPsby terry that the ap-
pellants mad seeded from the church, and that
the aprellees thereafter constituted the church.
THIS decision is binding on the civil courts. (l3
Wal, $40; 3 h. Munroe. Ky, 253; = Id ASH; o
Barb, l34 45 Miss, 1881 Having seeded
from the church. the majority forfeited all right
to any of the church property. $50 N. H.. o. %
Ill, 4O3; Al Pa. St, II Judgment affirmed.
OPENING OF HrGHwAYs-PRAcr1CE
9,496. William Green VS.. Charles W. Elliott,
Bcknel, C.-This was petition for the open.
Ing OF two highways In such proceedings the
same proceedings cannot he had in the Circuit
Court as before the county board. In the Cir.
cult Court the matter to be tried de nOYo is the
matter which was in controversy before the
county board. The petitioners are NOT required
10 prove, in the Circuit Court matters upon
which no issue was nado below, or matters, the
regularity OF which either expressly or i'm
plied.v admitted below. t22 Ind. pol; "a i'd.
454, 146; % i'd, 354; 81 i'd, 155 ~ i'd, 276; SO
i'd 276; 90 ID, 1862 In this case the verdict of
proIosed highway would be OF public utility,
and fixing tue amount of damages to which the