The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-05
nILh To REDEEM-rENDER-sUBRoeArIoN.


in the complaint The demurrer to the answer
should have been sustained. Judgment
Versed.
Bib TO NEUTRALITY-SUSPICIOUS.
9797. James A. Nesbit VS.. Mary +. Hanway,
Franklin C.-This was an action by
appellant to redeem from
foreclosure sale, appellant having bought the
mOrtgaged property upon an execution issued
upon joint judgment against the m0rtsageOr,
appellant and one Evans, the two latter being
sureties for the mort gageor, and having paid of
the balance of the Judgment in money. Appel-
liant TINS became subrogated to the rights or the
mortgageor and was necessary party IN order
that his right to redeem should be cut off. 90
Ind, 303; 40 i'd, 575; Ga i'd, 24SD The allega-
tion tnaJ appellant was aJ all times and still is
ready, willing and deslrous to make the redemp-
ton and To tender the amount due whenever lie
should be able to ascertain the sum dIe anu 70
whom the tender should be made. was SUM-
cienJ plea of tender. (36 Ind, 249) The COM
plant shows that IN the sale 10 appellant each
lot separately offered and no bid was re-
rms was sufficient com plance with the statute.
100 Ind, 1876; 81 i'd, 1901 Appellant had right
20 redeem. Judgment reversed.
CRIMINAL PRAcTICE-BILLs OF EXCEPTION.
10,4S7. James Bruce VS.. The State. Pulaski
C. q.
Howk, J-Theonly material d florence between
section 1,S47 r, s., 1881, and section 100 of the
criminal code of 1852 is that under the latter
bills of exceptions in criminal cause were re-
gulred to "be made out ana presented 10 the
judge at the time of the trial or within sucn time
thereafter, during the term, MS the court may
allow" while by the law now in force the bill
must be made ont and presented at the time of
the trial or within such time thereafter az the
Judge may allow, "not exceeding sixty days from
the time the Judgment is rendered" Also.
under the OLD law the exception must be taken
at the time of the decision under the new, lG
must be taken at the time Of the trial, Under
section l,947 errors OF law occurring at the trial
i'll criminal must be excepted to at the
time the decision Is made upon the trial, ana
such exceptions will become part OF the
record il shown by bill of exceptions signed
by the judge aud flied by the clerk at or before
the time the Judgment ia rendered, or within
such tune thereafter as the court may allow, not
exceeding sixty days. tSee 80 Ind, ~ Thls
prosecution for maintaining public nui-
sance, bat there is no evidence in the record
which tends to prove that the defendants erect
ed, continued or maintained the nuisance. JudS-
nIent reversed.
CHANGE OF vENUE-RULEs OF COURT.
$3.50. Samuel NJ. Jones vs.. Missouri Ritten-
house. Ripley G. c.
Bicknell, C.-The court below had made rule
that applications for change OF venue would not
he entertained after the second day of the term.
This the court had the right To do. (6S Ind,
444; Al i'd. 43. At i'd, 264) The application in
this made after the second day of the
term, and there was no error IN refusing 1t.
Judgment affirmed.
RAILROAD NEUTRALITY-SUSPICIOUS.
1O,O45. LIN. A. & C. Railway Company VS..
Charles Ehlert. Carroll C. c.
- Elliott Jton petition d for Tehear
tnat it charges negligence on the part of appel
liant in general terms, INIT does not charge TINT
it negligcnty suffered the fire to from its
own property to that of the appellee. IL does
not show that appellants servants did anything
more than negligently set fire to its prop
erty on it's own land. In order TO enttle him TO
an action he must show negligence in suffering
the fire to he communicated 10 his property. go
Ind, 1859; 10 i'd, III Petition overrUled,
The following were also decided:
7,403, Cotton VS.. Vandervolgen. Carol C. C.
Affirmed. Elliott, j.
1929 Minor rs. Vaughan. Perry c. G. At
fiEmed. Woods, G. J.
1881. Gordon vs. Fisher. Noble C. C. AT
frmcd. NbHck, j.
9,s76. Fullwider VS.. Ingels Howard C. C.
Reversed. Bieknel. c.
1887. L., N. A. Il G.. Railway Company vs.
Trimming. Carroll G.. G. Affirmed. collars, j,
9,0l4. Carittors VS.. Stuart. Jefferson C. c.
Reversed. Black, G.
$500. Donaldson Dunn. Miami c. C. AT
lin