The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-17
THE COURT RECORD:
supreme Court--sent. re.

Il AfEIDAN
/ l1715s franklin Brunsonvss The State. Hannil.
Niback J.-Prosecution for forcibIy freeing a per-
son from arrest AS the affidavit upon which the in
is founded is copied into the record it does
not charge, either directly by any fair implication,
that the defendants forciby freed T6lnlinson from
arrest The affidavit is confused and uncertain and
hence materially defective. When the affidavit is in
sufficient the information based on it can not be sus-
tanned. (83 Ind, Ill, 80 i'd, 376) Judgment re-
vefSed
DEGEDENTS EsTATEs-REvfEw OF JUDGEMENTS
I1714. George W. McCurdy VS.. Mary F. Love;
Howk, ia complaint to review the proceedings
and Judgment upon O. claim against a. decedants
estate is not authorized by the statute. regulating
the settlement Of such estates The pro-
visions of sec. 615 r. s., in relations to the
review Of judgments in civil actions are
not applicable to judgments rendered upon claims
against decedents estates In such cases the only
statutory remedy of the party aggrevedis by APP
peal 90 the Supreme Court as provided in section
2454s tSee 80 Ind, 95) Judgment affirmed.
11641. Christian E. Zimmerman vs. Mary F.
Love, exeoutrix. Marion O. @.
Hoyvk, 1.-THE questions in this are slibstan,
TALLY the same as thosein the case proceeding and
upon the authority of that the Judgment is
affirmed.
| DITCH AsSEssMENTs--LANDS IN TWO COUNTIES.
I127z Vestal G. Shaw VS.. ex rel Whitmoreg
Grant G. O.
| Hammond jim. an action by the commissioner
drainage to enforce lien READ estate for
sessnent for drainage it only necessary to ewith
the complaint copy of the special proceeding which
creates the lien butfaets must be averred shownga
substantial compliance with the statute in all the pro-
to the last act required to be. done BY
id, $50; SO d. Has, 62id, 25s9 In this case the
complaint failed to the fling Of petiticn notice
and reference to the commissioner required by law
The demurrerto the complaint should have been sus.
tanned. The statute clearly gives the coI1rt of the
county in which the petitioners land situated iurs
dictio as to all other lands affected by the proposed
work, though located in another county, This itfrs=
dicton is not unconstitutional Judgment reversed
RIGHT TO JURY TRTAL-BIEL OF EXCEPTIONS
Practice.
10606. James Redinbo VS.. Daniel B: Fretz. Tippes
canoe @. O.
Collars, J-Under the code of 1882 an action for
anaceounting and settlement Of partnership affairs
was triabe by jury and the in refusing sueha
trails not rendered harmless blythe fact that under
the code of 1881 the party would not be entitled to
trial by jury should trial be ordered 60 Ind,
558 46 i'd, 1870. The bill of exceptions was not
filed in time, but the record shows the refer
enee Of the case to special master com.
missioner for trial the objection and exceptonof
appellant. Where pleadings papers entries are
part of the record without a. bill of EXCEPTIONS de-.
murrers objections and exceptions in relation there's
to,are alsoparts of the record without a bill 10
Ind, 13O; 58id., so; 66 id 2s5; 70 i'd, 1853; II
i'd 800 The entry of the order of reference to the
master was proper entry in the case, and is part
Of the record without bill of exceptions hence the
objection and exception othe order parts Of the
record without bill It is thus apparent from the
record that the objection OF appehant he
MED trial by jury. For this error the Judgment
must be reversed. (61 Ind, 1922 Judgment re-
yersed.
MUNICIPAL INDEBTEDNESS - CONSTITUTIONAL
LIMITATION
l069S. City of Valparaiso vs. JOS Gardiner Por-
ter G. G.
Elliott, g. J-Action byappellee to enioin appellant
from contracting for the erection of watersworks.
The city proposed to make contract for water
for period of twenty years, at an afitus
al rental of $4,000 and the question presented
is whether such contract is within the constitutional
provision which prohibits cities from becoming IN.
debted in of two per centum Of their taxable
property. heeity answered that the carrent reven.
would enable it to meetaHi its expenses pay the
annual water rent ndprovide for the sinking fund
required by the statute Thecity had the right
trat for supply of water for twenty years. (66 Ind
1896, Dill, Mum. Corp, SECS 473, 474) The question
is whether such acontract createsa debt for the ae
gregate sum of 20 O00 or to be considered AZ
creating debt Of only $4,000 year. His Honor
enters into discussion of the question and
ezhahstive examination of the authorities Of HI
nois, Iowa and other States and concludes that the
inhibition of the Constitution does not apply to CON
tracts for water to bepad for as the water is fur
nished provided 1t is shown that the contract price
can be paid from the current revenues the water is
furnished and without increasing the corporste in
debtedness beyond Observation-Disclosures (See 90
H., Is; SO Iowa. 1886; aid, GA; 40 i'd, So; IS
Gall 40; 27id!, 175; 81 Pa ST., 500; Dill Mum
Cor, Sec $50 The demurrer to the answer should
have been oyerruled. Judgment reversed.