The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-02-24
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-Feb. e3.

Hon. William A. Woods. Chief Justice
LAYING OUT HIGHwAYs-PRACTIcE.
s,247. VIM. j. Brown VS.. VIM. F. Stewart.
Ripley G. C.
collars, J.-Petition for the opening of high
way. The report, well the petition aud
other proceedings, shows that the highway was
located upon the line dividing the lands Of appel
lants. The statute requires thai where The road
is laid ont upon the line dividing the lands of
two individuals, each shall give half of the road.
The report of the viewers must be taken to mean
that the line between the lands of appellants ls
the center of the highway, and the road being
thirty feet wide, it follows that each owner is re-
qured to give fifteen feet. The statute was suf-
fciently complied with. (55 Ind, 7S) Other
technical objections were made to the proceed
ings, but none OF them are available Judgment
affirmed.
AUTHORITY OF AGENT-wAIvER.
1o,031 Andrew Wallace ct al. VS. Peter Saw
yer. Hamilton c. C.
Woods, C. J.-Joseph NJ. Wallace was in pos
session OF stock of goods, accounts, etc, as
agent of his mother, and such sold and as
signed a judgment belonging to her to Walton
The money Received from Walton was applied to
the use of Mrs. Wallace. who, after full knowl-
edge of the fact, made no OTTER to return It to
Walton. The retention of the money by Mrs
Wallace constituted waiver of all right to dis
pute the validity Of the assignment on account
of want of authority in the agent to make IT,
Judgment aft rmed.
CONTRACT OF CITY-wRTT OF MANDATE.
10000. Thomas Wren VS.. City of Indianapolis.
Marion G.,
Complaint of appellant for mandate to COM
pei an estimate of work done under a contract
for grading street, The grade OF the improved
street was not indicated by the ordinance,
and in the contract was stipulated
to be "aceording to the stakes to be
set by the civil engineer" 80 that it was in the
discretion of that officer after the contract was
made to determine how much work should be
done under it. Such contracts are invalid, and
assessments for work done under them cannot
be enforced against the AUDITING lots or lot own
ers f6l Ind, 49, 81 i'd, $40 &c i'd 452; II ID,
90, 307) Appellant was therefore not entitled
to mandate. If there is any liability for extra
work done which was not embraced in the con-
tract, but done by direction of the city en-
gtneer, the remedy must be sought in IN ordina-
ry action against the city and not by mandate
for an estimate, Judgment affirmed.
sHERIFF's NEUTRALITY-SUSPICIOUS.
1885. John c. Hale VS.. Isaac n. Talbot. Tip
pecanoe G. @.
Morris, C.-Appellee purchased the land in
with relief The sheriff who made the sale
having the land appraised, but that he
would not say positively that the land was DOt
appraised. The published notice of the sale was
that IL would be without relief. The sheriff tes-
titled eighteen years after the sale was made,
and his opposing impressions seemed to neutral
lie his testimony and have impaired the pre-
sumption that in making the sale he did his duty.
Nor would the fact that the notice stated that
the sale would be made without relief justify
this court in holding in opposition to the finding
OF the court below that the sale was legally
made. Judgment affirmed.
,.rr,-D