The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-12
SUPREME CoURr-MARcH. 10.

PLEADING-sURPLUsAGE
1908; John NJ. Rooms vs. Martin Carney.
Bicknen, C.-where in a pleading it is evident
that the word south is inadvertently used for
north IL may be struck ont as surplus
age. Mere uncertainty and want of precis-
ion in the statement of cause of action,
where the meaning cannot be mistaken, is not
ground of demurrer. $50 Ind, rs; "a Ind, AID
In complaint TO fOreclose mortgages 1t is sur
ncient TO allege that defendant has or claims
some interest i'll the premises. without stating
what his interest Is. (29 Ind, 21b) Judgment
affirmed.
INDEMNITY MoRTGAGE-NoTEs RENEWED.
1880. James 7. Bodkin VS.. James II. Merit.
Switzerland c. c.
Elliott, J.-Where a mortgage made to secure
surety from loss contains an express covenant
TO pay the sum secured, a breach of this covenant
eonfers an immediate right of action on the
mortEaeee, although he has not paid the debt az
Ind, 81; % i'd, 1862 Where The complaint
shows that Judgment has been taken against the
surety and his principals, and that the latter
nave no other property subject TO execution than
that embraced in the mortgage, il makes a good
cause of action to foreclose. (2) A mortgage
securing notes secures all renewals of such notes.
q Jones MOrtg., sec. 924; SO Ind, L; Is ID,
496; % i'd, 1919 Judgment affirmed.
BILL OF ExCEPTIoNs-TIME OF FILING.
$3.50. Horace Corbin VS.. Jane NJ. Ketcham.
Marshall G. G.
Howk, by agreement of counsel in open
court the time given by the court for filing a
bill of exceptions was several times extended,
the last time being "until the second Tuesday OF
the December term" On the second Tuesday OF
the December term the bill was filed and signed
by the judge. This was too late. (46 Ind, 296;
70 i'd, 500; 6S Id, 45S) In the absence of u
bill of exceptions no question is presented.
Judgment affirmed
TURNPIKE DISQUALIFICATION OF BUILD
INGs.
1O,177. Danville ETC., Gravelroad Company
VS.. Leander M Campbell. Hendricks G. C.
Best, C.-The act of May IL, 1852, empowers
turnpike companies to OBTAIN right OF
way, either by agreement with the
owner or by assessment of damages, and in
either case the company may erect it's gates,
houses, ETC., at such points as may be liked
upon. But where under the provisions of the
act, the company, by consent of the county com
missioners, locates its road upon public high
way it does not thereby obtain the right 70 erect
such buildings within the limits of the highway
and in front of the land or any person without
the consent OF the owner or the tender Of any
damages. (71 Ind, SAT; Stratton VS.. Elliott,
Qast term.) Judgment affirmed
PLEADING-FoREIGN STATUTE.
$3.50. Allen A. Milligan VS.. State ex rel.
Children's Home. Delaware G.. c.
Woods, c. J.-Haheas corpus by appellee to OBJ
tain possession of a child. The complaint
corporation organized under the laws of Ohio
and is empowered To receive homeless children
surrendered to 1t by their parents, etc, A pOr-
ton of the statute comforting these powers is sat
ont in the complaint, bnt it is incomplete and
can be fully understood only in connection
with other parts of the statute. The relatOr was
bound to plead SO much of the statute as was
requisite to establish in its favor a prima facie
right to the custody Of the child. The statute
being foreign one, must be pleaded according
to its tenor, so as TO put it in the power of the
court to construe or Interpret it. I'll Ind, 1856;
13 i'd, 149; "a i'd, IL; 50 i'd, 593. Judgment
affirmed.
1850 Hessong vs. Pressly. Marion S. G. AT
trmed. Franklin, c..
1862 Schenck VS.. Kelly. Switzerland G. G.
Affirmed. Black, c.
1o,3l7. Sims vs. Smith. Hamilton c. G. Re-
versed. Morris, C.
$500 Cory VS. Cory Union c. C. Affirmed.
BickneII, C.
1856 Vogler VS.. sidener. Bartholomew c. c.
Reversed. collars, J.
9.468. Dhks VS., Hammond. Clark C, C. Re-
versed. Black, G.