The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-04
THE RECORD OF THE COURTS
United States District Court.
Hon. w. A. Woods. Judge
To-day-Call: Citizens National Bank VS..
Lowery ct al.
Supreme Court.

Supreme OOuT1
Hon. Joseph A. 8. Mitchell, Chief justice.
The following decisions were rendered Nov. 3:
1924 John NJ MCGEE vs. the State, ex rel.
William L. AxtelL Monroe G. G. Affirmed
Mitchell, c. J.-Relator, who had been appointed
county superintendent to fill vacancy caused by
appellants resignation, applied for mandate to
compel appellant to turn over the Office effects.
H. This not being proceeding to try the title
of an office, it was not necessary to allege that
relator was citizen of the county. In quo
warranto proceedings he must aver his eligibil-
ity. II An answer in such case admitting the
resignation, but that motion to accept
failed to pass the board and was withdrawn, and
that defendant now withdraws his offer to re-
sign is bad. no formal acceptance was neces-
sary, as an appointment was made.
by the offer in court (3) Relator hav-
ing been invested with an apparent title, ap-
pellant cannot contest the regularity of the ap-
pointm ent by refusing to surrender the records.
IA. Special answers and a general denial were
flied. The general denial was held insufficient
a return to the writ and sufficient as an an
swer to the complaint The answers were held
bad as to the complaint. Exceptions were sls-
tanned to them as a return to the writ Appar
entity they were treated in the. double capacity
of a return to the writ and answers to the COM
plant. The court held there was not return to
the writ There is no authority for this practice,
but here it is to be regarded as harmless error.
12204. The Fremont Cultivator Company vs..
ESuJdtnln r. luton. CT al. Jay ~. u. neVerSeu
collars, il writ of attachment may rest
affidavit for attachment and garnishment.
u A recital in an affidavit for attachment that
the afiant is the agent attorney officer of the
plaintiff is sufficient compliance with the
statute requiring the plaintiff or some ore in his
behalf to make an affidavit of certain facts in such
case. g. That the affidavit was made in behalf
of the plaintiff will be presumed In the absence
OF something to the contrary from the fact that
it is made by such agent, attorney or officer.
Gfvn r Riahr py,a VIC II naviC
Wayne c. c. Reversed. Elliott, IA tax
payer of municipal corporation may maintain
an action to enjoin the unauthorized expenditure
OF corporate funds by the officers of the munich
paity; but they cannot be enioined from exer-
cising discretionary power as to the time, man
ner and place of building structures for corporate
purposes The taxpayer must show that loss
will result by the action of the officers. T. J
One Warner, in 1885, owned some land in Rich
mond By his will he devsed the land to his
sister for life, remainder in trust for the educa
ton of the children of Richmond. In 1853 the
Wayne Circuit Court appointed the school
trustees trustees, under the will, and
ordered that their trust should rest
order, and appealed to the Supreme Court, where
the judgment affirmed. The city claims
right founded upon leases executed by the trus
tees. Trustees have general power to lease
lands, but the lease must be a reasonable one,
and they must hot exceed the quantity of the es-
tate vested in them The leases were not void
per SO, because not confirmed by the court The
statute against perpetuities does not apply to the
case Of devise or lease of land for charitable
purpose. There is difference between ordinary
devises and devises to charity. A devise to
charity is in its nature perpetual and inalienabe.
The power of alienation having been efectually
abridged by the devise the leases have not kept
the property from circulation and can not there
fore be regarded within the statute.
12249. Henry Herman vs.. Elisha S. Babcock,
jr., ct al. Vanderburg S. G. Reversed. Howk
J.-Appelant leased of appellee certain lots for
a term of five years 1t was agreed that appel
lee would sell and convey by warranty and that
appellant should have the right to buy at the ex-
piration of the lease, the price to be fixed by
three committeeman, ono to be chosen by each
and the chosen two to select third. Appellant
took possession, erected mills. machinery and
other improvements which cannot be removed
without loss. He appointed committeeman and
asked appellee to do the same and to carry out
the contract, which was refused. Complaint for
specific performance. Held that the facts showed
ground for equitable relief
1865. G. 81 G. S. Railway Company vs. Glenn
emit G. Jones. Tippecanoe G. G. Rehearing de-
MED
114A John c. Riggenberg ct al. VS.. Ira G..
Hartman ct al. Marshall z. G. Rehearing de-
MED