The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-20
TILE COURT RECORD.
Supreme Court-Feb. 10.

SALE OF LIQUOR TO MINOR-EvIDENCE.
1877. Edward Under The State. Conviction
| for selling liquor to a minor.
There proof at the trial as to the age of the
person TO whom the liquor alleged to have been
sold Without proof of minority the conviction can
not be sustained. (23 Ind, no Judgment re-
versed.
MISUNDERSTANDING sTocK-PLEADING.
1905. L., N. A. & G. Railway Company vs.. Benz
F. Hall Putnam C. c..
Hammond, jim complaint against railroad for
killing stock it is sufficient to alege that the road was
not fenced at the place where the animal entered upon
the track and was killed. (61 Ind 315: 90 i'd 2SA)
If the road could not properly have been fenced at the
place that is matter of defense. 1t is not necessary
that the complaint alege that it could have been
fenced at such place. as Ind 2S6; 55 i'd Az; y
i'd, 1919 Judgment affirmed.
DRAINAGE LAw-PRACTIcE
11150, Valentine Dukes vs.. John Working ct al
Miami c. c.
Howk G. J.-Proceedings under the drainage law
R. s.. sec. 1878 -42S4 not civil actions and it
would seem that motion for ID new trial is contem-
plated or necessary to reserve questions upon the evil
dence but that questions should be reserved by
ing exceptions to the findings of the court $50 Ind
81 81 i'd 542 and that the only proper assignments
ceptons thus saved. Where it is found for the re-
monstrants that the amount of the assessed benefits
are greater than the actual benefits to all the lands
assessed the petition for the improvement should be
dismissed under the sixth clause of sec 1916 Judg
ment affirmed.
COUNTY COMMISSIONERS PUNIsHING CON
TEMPS.
1928; Milton Garrigus VS.. ex rel. Noreland How
Niblack, Jon petition by the county auditor
! the board of commissioners fined appellant
| $50 and suspended him from prac-
ticing before them as an attorney for
six months, for the alleged ofense of having taken
certain papers in a pending before the commits
sioners and refusing TO return them On appeal to the
Circuit Court the proceedings dismissed to the
charge of contempt but sustained to the prayer for
his suspension, and submitted the to jury for
trial Under section 5744, r. S.. county commission
may enforce obedience to all orders lawfully made
by them by attachment, other compulsory process
not exceeding flne OF S3, or imprisonment in the
county Jail not exceeding twenty four hours When
the Circuit Court dismissed much of the proceed
ings as charged appellant with contlnaeious conduct
toward the Board of Commissioners all the proceed
ings appealed from of which the commissioners had
any jurisdiction were at an end and nothing remained
of the appeal upon which the Circuit Court could base
further proceedings of any kind. This case was
neither criminal nor a civil
action, but a summary proceeding merely
Of justice and trial of it by jury was Unauthorized
(Profat Jury Trial 1881; 1 Marsh, 441; %
Ind, 204) Judgment reversed.
INDIVIDUAL AND PARTNERSHIP CREDITORS
EQUITY,
$500. James Loudon VS.. Doctor B. Ball ct al. Fay
cite c. G.
Elliott J.-Where partnership creditor secures a
lien on land by virtue of Judgment taken before the
individual debt created he cannot be deprived of
his lien unless it be shown that there partnership
property sufficient to pay the judgment. The general
rule that partnership creditors postponed as to
individual property and individual creditors pre-
ferred, does not apply where lien has been OBJ
tanned by Judgment rendered prior to the Gre
alton of the individual debt. Il Story Eq sec 553;
II n. Y, 300; 6 Paige, 50; q Grattan, 5S4; AZ n
one party has a lien on one parcel of property and
another has a lien the parcel and also on
another the latter will be compelled proper app-
cation to make his lien out Of the second parcel but
this right to require him to do must be exercised
promptly and before sale and before there has been
change of position. (56 Ind, 1919 After sale of
the property it late for appellant to claim such
| equitable right. Judgment affirmed.