The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-23

which the taxes can be made, sale of the land
is Illegal. az Ind, $50; GA i'd, 2SO) Judgment
affirmed.
JUDICIAL NEUTRALITY-SUSPICIOUS..
9,S96. Sargent W. Evans VS.. Henry sehaffer
Black, C.-Where the sufficiency of a complaint
for possession by landlord depended upon
whether certain word therein was "befOre' OF
after,' and the clerk certified in the Transcript
OF the case that lie was unable to determine
which word was intended, this court will pre-
sumo in favor of the action of the court below,
which, by holding the com plant good, must have
found that the word used was before" Judg
menJ affirmed,
NEUTRALITY-SUSPICIOUS. JUDGE.
- lO,o54. John B. Mattingly VS.. John j. Paul.
Upton @. @.
Morris, C.-Where, after hearing the evidence
offered at the trial, the court took the under
Amusement and afterwards, without solicitation
from either party, set the submission aside, such
action, though irregular, is not a cause tor re-
versal. Where an attorney was appointed as
special judge To near a cause and afterward the
judge appointed another attorney as judge pro
tenn, before whom the parties appeared and
went to trial without objection, they must be
held 60 have waived the right to have their case
tried by the attorney appointed and agreed upon
tof tha6 purpose. Judgment affirmed.
APPEALs-oMIssIoN OF PARTY.
1882. Jacob Hunderlock vs. the Dundee
Mortgage, etc, Co. Delaware c. c.
NblacR. J.-Snyder and wife executed
mortgage on certain land, which.
appellant, and afterward they executed an
other mortgage on the same land to appellee In
an action to fOreclOse these mortgages the cOurt
found the appellee entitled to the prior lien; a
personal judgment was rendered against Sny-
der for the amount due on appellants mortgage,
who was also given a decree of foreclosure, the
property to he sold subject to the lien of appel
lees mortgage. Appellant, who was the plain
tin below, appealed TO this court without max
lug snyder and wife in any way parties to the
appeal and Tor the omission the appellee moves
10 dismiss the appeal. The question is one OF
first impression. 1t is an ele4 entary principle
in appellate proceedings that all the parties at
rppeal in order to confer complete jurisdiction
upon the appellate court. Dusk Prac. so, 121. }
Otherwise there might be two more appeals
from the same judgment requiring the appellate
court to review the same proceedings more than
once. Appeal dismissed.
CoRoNERS-PoWER TO EMPLOY PHYSICIANS.
10,473. Commissioners of Dearborn County
VS. Richard Bond. Dearborn c. G.
Best, C.-The statute makes it the duty OF the
coroner to make all inquests, and he IL author
lied to require physician or surgeon to attend
and make post mortem examination, and for
such sevices, upon the certificate of the coroner,
it is the duty OF the commissioners to pay the
claim ont of the county treasury. tR. S., 1881,
sec. 5,S7S; 46 Ind, 54l; 81 ia, 524) The duty
thus imposed necesSarll, aonfers upon the corO-
ner authority to make his own selection, and In
this respect he cannot be superseded by the
county board upon whom no such duty rests.
And the fact that the commissioners had en-
ployed another physician To render such servl-
ces will not exempt the county from liability for
the services rendered by the physician selected
by the coroner Judgment affirmed
9,978. State ex rel. McCIomrocs VS.. Gregory.
Warren C, c. Reversed. Bicknen, G.