The Indianapolis journal., 1884-04-17
THE COURT RECORD.
Supreme COurt-April 16.
Hon. Geo. v. Howk. Chief Justice.

COUNTY AUDITORs-PAYNfENTo OF CoRoNERs FEES.
11209. VIM. A. Pfaf Auditor VS.. State ex rel
Maxwell, Coroner. Marion c. c.
Howk, c. J.-Aetion by appellee for mandate
against appellant county auditor to compel him to
issue warrant for the payment of fees due him as
coroner for holding inquest, upon the mere pre-
sentation of account for such services Under
sections 1896 and 5758, R. S. when any legal claim
against the county is filed with the auditor, it is not
the duty of such auditor to settle and allow the
but the claim is Ito be presented by him to the board
of county commissioners for their examination and
allowance and all claims must 90 to the board of com
mssioners for allowance, except where the claim is
for salary the amount of which is fixed by law. (S7
Ind, 1861 The REALTORS claim is not of this kind
The demurrer to the appelees complaint should have
been sustained. Judgment reversed.
TEsTATE EwIDow-sURvIvING HUSBANDS RIGHTS.
109S6. Mary Roach VS.. John White. Vigo S. C.
Niblack, J.-Under section 24S5, Revised Statutes
the right of the surviving husband onethird of the
real estate of which his wife died seized is absolute
except in where this right has been waived by
agreement, either ante post-nuptial, where
he is restrained by estoppe which he has i'm
posed upon himself The husbands mere consent that
his wife might devise her entire real estate to another
does not constitute either waiver estoppe so
as to restrain him from asserting his right to one
4S Ind, Az and Blkf., 446) Judgment af-
firmed
CoRPoRATIoNS-DEFECTIv ARTICLES - PLEAD
ING.
11437. Elk rel. Psdgett vs. Hiram A. Foulks ct al
Elliott J.-Information in the nature of quo war
ranto to amend the franchise of railroad corporation
the ground of certain irregularities and defects in
the proceedings to create the corporation The charges
Of the first specification nuied by those of the
second, which shows that two articles of association
executed and filed. If the last properly
cuted the defective execution of the first not
teral. The allegation that the Secretary of State
tedated the fling of the articles does not make the
specification good. The State cannot take rights from
corporation because of wrong committed
by one of its officers. Besides, the
act of depositing the paper with the proper
officer, and not the Endorsement of the date of filing,
was the essential thing q Ind, Oh IL i'd. 280 81
i'd, 1882 Pleadings to be construed not from
isolated statements but according to their general
scope. I'll Ind, 1863; 55 i'd, 140; 80 i'd, 307 The
statute does not require that the residences of sub
scbers to articles of association of railroad corpora
tions should be stated and the failure to state them
does not vitiate the articles. Or. s., 3SS5.) Judg
ment affirmed
SEPARATION OF wITNEssEs-DIsoBEYING ORDER.
1913. Oscar Davis vs. VIM. H Byrd. Montgom-
cry G. G.
Elliott, J.-Where party is without fault and his
witness disobeys order directing separation of the
witnesses, the party should not be denied
the right of having the witness testify
but the conduct of the witness may go to
the jury upon the question of his credibility. t
CANT has authority the witnesses subpenaed
by him and is not answerebe for their wrongful
duct and he ought not to be denied right because
wrong has been committed for which he is neither
morally nor legally responsible Bishop Cr Prac
Sec. 1191, 1892; 15 Kans 363 10 Iowa, 347; A
Ala 1893; Wis, 1850 Judgment reversed.
COUNTY NEUTRALITY-SUSPICIOUS.
OF sURETIEs