The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-05-16
SUPREME COCRT-MAY Is.
NEUTRALITY-SUSPICIOUS. ONE TO DO THE wOR
FOR ANOTHER.

OBSERVATION-DISCLOSURES ONE TO DO THE WORK
FOR ANOTHER.
1923. VIM D. Aughie VS. Abraham H. Lands.
Hammond, in an action upon a contract if the
general averments of the complaint show that the
plaintiff claim is due and unpaid it is sufficient with
out making such averment directly. The complaint
alleged that the appellant had employed the appellee
to make certain street improvements in front Of GER
tain lots owned by Catherine Aughie. This contract
was not within the statute Of frauds. By employing
the appellee to do the work appellant did not thereby
agree to pay GATHERINGS debt, but contracting
debt of his own. One who employees another upon his
credit to do work for a third person is liable for
its payment Judgment affirmed.
GATHERING LIQUoR-THING OF VALUE
11417. George A. Forkner VS.. The State Wayne
Niblack, 1.-The affidavit charged appellant with
having battered a pint Of beer for pool check to
Bishop minor 1t is insisted that the affidavit was
fatally defective for failure TO the value of the
pool check cr that it of any value 1t is true that
the transferring of article without valuable con-
sideraton constitutes gift only. tStory Sales L.
But the exchange of article for another imports
consideration and the burden of showing there
consideration deyolves upon him who asserts that
there was not Hence the charge that appellant bar
tered pint OF beer for pool check carried with 1t
the inference that the pool check had some yaue,
either general special 1t cast the burden of show
ing the contrary upon the appellant. Judgment
Affirmed.
ACTION TO RECOVER REAL ATE-DESCRlPTIoN
11102. Alex. Reed VS.. Jesse A. Mitchell. Lawr-
renee G. c.
EulotUi J.-Many defects IN complaint which
would be available demurrer are cured by verdict
QS Ind, $685. 90 id, 800; "A i'd, 1922 And in an
action to recover possession of real estate where the
description is such might have been corrected by
evidence admissible under the general scope of the
complaint the defective description will be deemed
treated by the verdict In either case the complaint
contained accurate description of the land closing
with the words, less all that part of the east half
etc. decided to Samuel Mcknight" This description
might have been made perfectly accurate and definite
by evidence showing what part conveyed to
Mcknight. The complaint might have been so
amended below as to show what land the Mcknight
deed embraced. (Sedg. & Waits Trial of Titles sec.
464.) 1t will therefore, be deemed amended here
The description such that the sheriff with the
assistance of surveyor could have determined the
the boundaries of the land. Works Pr. sec. 300;
40 Ind $50; 80 i'd, 90; Peters, 498) Judgment
affirmed.
APPEALs-PRACTIcE-BILL OF EXCEPTIONS
.11006 Scott Pratt VS.. Ahira Il. Allen Rush,
&C.
collars 1.-THE objection to the exclusion Of evi-
dence at the trial must be assigned a cause in the
motion for trial. Where the record shows that
time was given in which to file bin of exceptions
and that the judge signed what purports to be such
bill within the time granted but there is nothing to
show when the bill fled, that it filed,
such bill not be considered part of the record
go Ind 40A 81 i'd, 1885, $40 i'd, 240) Judg-
ment affirmed.
$3.50. Jas. W. Boyd VS.. Jas L. Caldwell. Henry
G. c. Rehearng denied