The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-04-19
Hon. Geo. v. -aowk. Chief Justice.


NEUTRALITY-SUSPICIOUS. OF ERRoRs-pRAcTIcE
HAS. Christopher Cain, ST., VS.. August Coda.
Pulaski c. G.
BickneIl c. C-When one of several defendants ap-
peas serving notice upon his codefendants and after
joinder in error the is submitted the written
agreement of the parties the errors well enough
assigned in the of the sole appellant (6S Ind,
236) motion for a new trial on account of the ad-
mission of evidence, must specify what the evidence
was, and if the motion be insufficient in this respect
reference therein to bill of exceptions not then
made or fled will not cure the defect. az Ind. II;
55 i'd, 12S; 81 i'd, 307) Judgment affirmed
LOCATION OF MISUNDERSTANDING.
1913. Hugh Lowe Patrick Ryan. Jasper
collars i'm proceeding for the location and open
ing of public highways all objections to the reports OF
viewers must be first presented in the commissioners
court and all objections not there made regarded
as waived. 1873 Ind 453; 6S i'd, 63.) Where, on the
trial one party introduced witnesses to prove the value
of his land that would be taken in the opening of
highway, and that the market value of his land would
not be increased by the opening of such highway it
the value of his land will be increased by the location
of a highway. (s8 Ind, 1921 Judgment affirmed
APPEALs-FINAL JUDGMENT.
11441. George E. Hopkins VS.. W. F. Goebel ct al
Black C.-Where the creditors of an assigned
debtor file exceptions to report of the assignee
which is not final report and the exceptions in
part sustained and in part overruled and the assignee
thereupon files motion for a new trial which is
overruled there is final Judgment, Intoxicating
order, from which an appeal will lie. Appeal dis
missed.
PRIVATE TAX sALEs-INvALIDITY-T ITLE-LIEN.
1925. Josiah Locke VS.. Milton H. Catlett ct al
Vanderburg S. c..
Bickneii G. C-Complaint by appellant to quiet his
title to land which he had purchased of the county
auditor at private sale for taxes enforce his lien
the land for the money paid by him So far the
complaint seeks to quiet title it is insufficient. 1t
dertakes set the particulars of the plaintiff IL
tie and fails to state anything to personal properly
party claiming title under such sale must show
that every provision of the statute has been complied
with and that there personal property of the
owner that such property had been exhausted (25
Ind, 1874; IA i'd, 574) Ordinarily this is a matter
of evidence but where the plaintiff undertakes to
state the particulars of his title the complaint will be
bad if any of the material steps are omitted S6 Ind
81 AS action to quiet title the complaint was
bad also for failure to allege that the defendants
made any claim to the title the possession. (86
Ind, 451Y But although the plaintiffs tax deed was
Intellectual to convey title he Is entite the lien de-
manded. go Ind. 573; IS i'd, 25; IA i'd, 81; 81 i'd
1885, SO &c, 1872 The complaint being sufficient as
to part of the relief demanded, the court erred in
sustaining the demurrer thereto. (8S Ind 1881
Judgment reversed.
REPLEvIN NEUTRALITY-SUSPICIOUS. OF COURT
WITHIN SIXTY DAYS.
10S93 Joseph B. Jones vs. Oliver II. Swift, ct
al. Fayette G. G..
Colerick, C.-Appelle's testator had judg-
ment against Moreer as principal and Brumfeld
Diehlman and Steele as sureties The latter
desired to be released from the judgment, and upon
the representation of Monger that Brumhela and
Diehlman consentng to his release, appellant
acknowledged himself repletin bail the judg-
ment, and Steele was released by the judgment
plaintiff. Afterwards, IN actfon Tor that purpose,
Brumfeld and Diehlman held released from the
Judgment account of the release of Steele which
was in fact made without their knowledge consent
1t not shown that the judgment plaintiff was
party to the fraud perperated the appellant in the
release of Steele. In such a case the replevin bail
will be held bound 35 Ind, 1884 Ga i'd 229; Brandt
Suretysliip sec. ;553; Al Ind 1861 Appellant was
guilty of negligence in becoming bail without first
ascertanng whether the other sureties consent
ing to the release of Steele 40 Ind 469 II Ill., 2O)
The law will not permit appellant to escape liability
upon condition not named in the writing which he
executed. In legal effect it absolute and I'M
conditional promise to pay the judgment, and its
terms can nos be varied by contemporaneous parol
agreement (64 Ind, 229; 81 i'd, 512.) The statute
which requires the court TO the finding with
in sixty days after is taken under advisement
not be used weapon against the successful lit
igant for whose protection it enacted by render
ing Intellectual the judgment in his favor, because the
judge failed to observe its provisions TO avoid such
injustice the statute must be construed directory
(sedgwick Stat Law, 36s; 60 Ind, 229; id, 391,
416) Judgment affirmed
SUPREME COURT, APRIL 19.
CRIMINAL PRACTIcE-AFF NEUTRALITY-SUSPICIOUS. NAME.
11347. The State VS. William Cooper. Sullivan,
c. c..
Elliot, J.-Where AN Indictment is quashed and
thereupon information is filed charging the same