The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-18
THE COURT RECORD.
Supreme COurt-Feb. 16.
Hon. Geo. V. Howk. Chief Justice.
D1sMIssAL-B1LL OF EXCEPTIONS.

DIsMIssAL-BILL OF EXCEPTIONS.
$3.50. John B. Spailding VS.. Commissioners of
Daviess county. Daviess G. G..
Black, C.This cause was dismissed by the court be-
low upon the motion of defendant the appellee The
motion to dismiss by bill of exceptions or otherwise
than by the clerks entry. Therefore the Judgment
should be affirmed. (Robeson VS. Martin, this terr)
PUBLIC FAIRs-TNReET MISUNDERSTANDING
10501. Gotlieb Conradt ct al. Edward Clauve.
Miami C. c..
Franklin C-here target shooting part of the en-
tertainment carried at fair those having charge of
it, as well as those engaged in it, while not strictly
agents servants of those owning and managing the
fair grounds, sustain such relation to the latter
will make them liable for injuries resulting from their
conduct and management Of this part of
their exhibition. The managers of the fair may also
be held liable for maintaining nuisance upon their
fair grounds by licensing and permitting such dan
gerous practice to be performed in q public place
without their properly guarding OF notifying the pub
lie of the danger therefrom. Judgment affirmed.
REPLEvIN BOND CONTINUANCE - AFFIDAVIT.
1103S. Jno. FL. Fisse VS. Julius Katzentne.
Howard, C. G.
Colerck, C.-In an action on replevin bond
where the Judgment for the return of half of
the property and the payment of the costs. an an
swer pleaded to the whole complaint, which shows
for not returning the property but alleges
none for the failure to pay the costs is bad on de
muIrer. Each condition in the bond is separate
obligation, distinct from all the others and for the
failure to keep any of them action may
be maintained. wells repevin section A 49, An
affidavit for continuance the ground of the sickness
OF the DEFENDANT winch does not allege that he has
defense to the action, state what facts he would
testify to if present that HI ersonal presence at
the trial necessary, is insufficient (5S Ind 591)
The action of the court in refusing continuance will
be reversed unless it is armatively shown have
been wrong. (72 Ind, 1907 Judgment affirmed
LAND SOLD FOR TAxEs-RATE OF INTEREST
Ills. William s. Pecklani Frank NJ. Millikan.
Tippecanoe c. c.
Best, Can action to set aside sale of lands for
taxes and to quiet title cannot be maintained long
as any of the taxes legally assessed and due remain
unpaid unless the party offers to pay them. (25 Ind
PSI; ct i'd, 360) Where land is sold and mortgage
taken for purchase money the taxes assessed against
the purchaser during the time he holds the land
tinue to be lien the land after a fore
closure and sale, as against the mortgager,
who becomes the. purchaser. (40 Ind,
353; Al i'd, 310) Where paft of the tax
legally assessed and part erroneous the purchaser
tax sale acquires the lien which the State had for
tho part legally assessed and is entitled to enforce it
against the land, his title having failed (57 Ind.
270; 81 id, l47) The act of 1883 provides that if
the title of the purchaser fails he shall the
amount paid by him, with interest at the rate allowed
by the law in force the date of sale This sale
made under the act Of 1872 aud the rate of interest
hereunder is % per cent. (G) Ind, 573 % i'd %;
"a id, SD The court erreo in holding that the
appellee only entitled TO per cent interest.
Judgment reversed condtionaly.