The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-16
TIE COURT RECORD.
Supreme Court, March Ia. 1885.
POINTS OF DECISIONS.

No 11457. State ex rel Lowe VS.. James c.
Laughiin. auditor. Bartholomew c. c. Re-
versed. Howk, 1.-The taxpayers of town
ship IN bartholomew county, in 1882, regularly
voted aid to certain railroad. At the regular
June session of that year the board of commits
slonerS, In pursuance OF said vote, and in strict
conformity to the statute (sec. 4056, r. S. 1881
levied tax Of per centum upon the real and
personal property in the township and the resi-
Cue of such tax at the June session in the fol-
lowing year. On March 3, 1883, while the
railroad was permanently located and in process
Of actual construction in the township up
taxpayers of the township, the board
of commissioners without notice to
the petitioners for the extension Of aid to such
railroad ordered the auditor and treasurer to
suspend the collection of the taxes levied at the
June session, 1882, until said company has ex-.
pended an amount of money in the actual con-
structon OF said railroad, in said township, ''as
required by section 4O69 of the Revised
Statutes, 1884," etc. Mandate to compel etc.
Held That the order of the board of March g.
1885, was unauthorized and void, upon the facts
stated that the collection of the taxes was not
lawfully suspended; that if not paid, from any
cause they became delinquent as other taxes;
that as the first instalment was not collected at
the proper time, both instalinlents could be col
leeted in the same year.
No. 1O838 Christian Seller VS. William Huff.
Marshall G. G. Affirmed. Black C.-u.) Com
plant below by the appellee to obtain the salts
alleging tender and bringing into court Of
1.-The full amount DUE on the same. The COM
plant did not state the rate of interest which
the Judgment bore. Held: That as the amount
rendered might have been sufficient, the COM
plant, when first attacked in the Supreme
Court, will be held good a. All the evidence
not being in the record, this court cannot say
there was error below in overruling motion for
a new trial
1885, Stephen Munson Ut al vs. James
Blake. Marshall G.. G. Reversed Colerick, c.
(1.) BY agreeing to the submission of a cause to
the Supreme Court for its consideration, without
objecting to defect of parties appellant, the OBJ
lection is waived and cannot be urged ASA cause
for dismissing the appeal e.. Where in drain
age proceeding in the court below parties were
assessed, and demonstrated, as 'Hosmer 81 Hill
dreth,' and by thu name prosecuted andde
Tended it will be assumed on appeal that they
are, or represent the same parties as those so
assessed. b. Under section 4276, Revised Stat
utes, 1881, relating to drainage by proceedings
in the Circuit Court, owners of land affected by
the. proposed work may, jointly or sew
orally, demonstrate against the report
OF the commissioners of drainage. If they
join in such remonstrance, any of
them may afterward withdraw; but such action
will not affect the right of the other remon-
strants to proceed with the remonstrances the
same as it there had been no withdrawal. The
remonstrance may either be verified by the
remonstrants, or by some person having author
lty to act for them. Ii it is verified by ore or
DuG not all, elbucr personally or DY agent,
the verifcation will be treated as made by all;
and if after it is fled, those who verify 1t with
draw the verihcation is rot thereby affected.
Il. J where a certain day IS fixed as the time
when the report of the commissioners of drain
age shall be fled and it is not filed until some
time afterwards, without an extension of time by
the court, party who has been thereby misled
will be permitted. to demonstrate as soon as he
discovers the filing of the report. The report
should be filed upon the day fixed, or an extern
the commissioners.
No. 1899 Thomas Traylor VS.. The State.
Pike c. c. Reversed. Niblack, J.-1.) The
nais-saent in this case in the first count
charged that the appellant, at time and place
stated, did then and there unlawfully, feloni-
Ousy and willfully employ and use certain in
strument to the grand jurors unknown, in and
upon a named person to produce miscarriage,
knowing that such instrument would produce
miscarriage and that it was not necessary to
preserve her life whereby she died; and charged
in conclusion, that the appellant lin manner
and FORM and by the means aforesaid, did then
and there unlawfully and feloniously kill and
murder her. etc. The second count differed
from the first only in charging the administra-
ton OF certain noXious substances" Held, the
| indictment is not bad for duplicity. e. AS
there was no evidence fairly tending to establish
the corpus deficit in this the verdict against
appellant was not sustained by sufficient evil
dence.
1887. Stoughton j. Fletcher ct AL VS. Rob-
ert c. McGill. Marion S. G. Reversed Bck-
nell G. C.-Appellee bought certain shares of
stock of the Chamber Of Commerce, and exc
cuted his note for 81 900, the certificate of stock
being withheld by the Chamber of Commerce as
a security Afterward the note not being all
paid, judgment was taken upon it and certain of
appellees real estate sold in satisfaction. Some
time afterward appellee demanded that the GER
tlfcate of the stock should be issued, which was
done. In action to set aside the sale because
of gross inadequacy of price, fraud, ETC., Held:
hxvI
pellee, substantially, received part of the pro-
ceeds OF the sale. 1t was confirmation of the
sale, and the action cannot be maintained.
1912. Exparte VIM Kendall ct al Dubois,
c. G. Reversed. collars G. J.-This is an appeal
from a decision of the trial court, upon habeas
corpus proceedings, refusing to admit the appel
iants to bail, they being in jail upon charge of
murder This court considers the evidence, and
holds that, upon it, they are entitled to be ad-
mitted to bail.
1852. Frank McWhinney VS. City of Indianap-
oils. Marion, S. G. Reversed. Best C.--This
action was brought by the appellant to recover
from the city of indianapolis the amount of pur-
chase money paid by him at an Invalid sale Of
certain real estate sold for city taxes. The COM
plant ayerred that the Common Council of
the city, by resolution, annexed certain
real estate to the city and assessed the same for
taxes for the years 1878 and 1870 and that on the
18th day of February, 1884, the city sold said
real estate to appellant for unpaid taxes, he pay
ing 5000, and issued to him certificate; that be-
fore the deed was executed, the city declared by
a resolution, that tho realty had not been legally
annexed because it was not contiguous to the
limits of the city; that appellant at the time of
his purchase did not know the land had not been
legally annexed ETC. Held That he is entitled
to recover his money, with interest as sections
q and % of the act of 1872 were readoped by
the act of March 90, 1881, as section cit and 21S
and continued in force
1921. Jonathan w. Heath vs. The State
Starke c. G. Affirmed. Elliott JILL The
failure of the clerk to enter the indictment in
the order book cannot be made the ground of a
motion to quash. e. A recital in the record
that the grand jury come into open court and
present an indictment when followed by an in
dictment, is sufficient to show its due return
g. Where the defendant voluntarily absents
himself for two years after the return of the
verdict by FORGETTING his bond, he can not be