The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-25
VOID AND voIDABLE JUDGMENTS.
1O537. Miriam Earle VS.. John G. Earle.

10537. Miriam Earle John G. Earle.
collars. Jon petition for rehearing Judgment of
a court of competent jurisdiction is not void unless
the thing lacking, making it so, is apparent upon
the face of the record If the infrity do not so APP
pear the Judgment is not void but only vodabe. (75
Ind, 9S; 81 i'd, SO; 81 i'd, 209 So i'd, 309.l
The Koscusko court had jurisdiction of the subject
matter and so far the record shows of the persons
of the parties The wrongs and frauds complained Of
upon the defendant and upon the court and are
not of record and do not render the Judgment OF d-
vorce void in a legal sense, but voidable Where the
inrmty is not apparent from the record the injured
party must with reasonable pro1nptness, and
thus save third parties from injury. Petition over
ruled.
IMPERFECT vERDICT-vENIRE DE Novo.
9961 John N Bunnelf VS.. Barzilla Bunnell. White
c. c.
Howk, c. faction by appellant for specific per
formance of contract to convey real estate. The
verdict was for the plaintiff but the description of the
land in the verdict entirely different from that in
the complaint besides being uncertain that valid
judgment could be rendered thereon The motion for
{. venire de novo should have been sustained. QS
Ind, A; rs i'd, 473 S3 i'd, 1861 Judgment re-
versed.
1926. Tetmony Schaffner The State. Hem
bricks c. G.
Niblaek, Jon petition for rehearing this court on
appeal will make every presumption which the record
does not exclude in favor of the regularity of the pro-
ceengs in the trial court and of the action of the
court in the rendition of final judgment. Dusk. Pr
344 70 Ind, 2l( 1t the duty Of the appellant to
bring TO this court perfect record of the proceedings
and when it appears that complaint fled but is
not found in the record question is presented
upon the complaint (27 Ind, IL; IL i'd, 476.) This
doctrine is applicable to criminal cases. (66 Ind
370) 1t was incumbent on appellant to show afirma-
lively that the affidavit and information insult
fcient if he relied their insufieiency for reversal
of the Judgment. $50 Ind, 1861 As they not in
the record the presumption must be in favor of the
holding of the court below. Petition overruled.
COUNTIES BRIDGES - NEGLIGENCE DAMAGES
1926 Commissioners of Howard County VS.. Ar
thur Legg, administrator Howard G. c.
Elliott Ut is the law of this State that counties
charged with the duty of keeping in reasonably safe
condition for ordinary bridges owned by them and
that they liable for injuries resulting from their
AIS; IS i'd, 69.) But plaintiff must show that the
defect caused by the negligence of the county in
constructing the bridge that after notice of the de-
feet the county negligently omitted to remedy it.
Existence of the defect for such length of time
that the county ought to have had knowledge will
charge it with notice r. If the bridge is part of
township road, and is under the control of the town
ship and of the county authorities there is liza
bity on the part of either the township county
81 Ind, 46) [3. The courtcharged that 'compen-
sation may be made for the loss of parents care and
training to the children in their support education
and maintenance and the loss by the wife of her hus
bands companionship." In this class of only
pecuniary damages may be recovered. "a n. Y,
AL; 81 i'd, 2S7; 81 Pa St., 300) But these cases
support the rule declared in the instruction far
it concerns the children of the deceased. (2S Wis
Am. R.. 1861 But the eases do not go to
companionshp of her husband Q3 Ind. 800; rs
i'd, 252; 2 Thomp. Neg, 1893; "a N. Y, AID
The latter part of the instruction was erroneous
Judgment reversed.