The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-05
Supreme Court.

Supreme Court.
Hon Joseph A. s. Mitchell. Chiefjustice.
The following decisions were rendered Nov. 4:
Action against two surgeons for injuries re-
sulting from negligent treatment-(1l Regard
less of the form in which an action for injuries
to the person is brought, whether ex delicto or
ex contractu, it is abated by the death of the
defendant; 1t cannot survive against his person
al representatives under Sec. 2S2 r. S. 1881.
T. Where a judgment was recovered against
two defendants In an action which, in contem-
plation of law, there was but one defendant and
the action abated as to one, the record
becomes radically defective, and motion in ar
rest of judgment is proper. 81 Declarations
and admissions of one partner in the absence of
the other, after particular employment has
been completed, are not admissible unless part
of the res gest8 A. A hypothetical question
assuming as true statements of the attending
surgeon to the patient and other facts may prop
erly be asked for an opinion of an expert. Ell
lott j., dissenting, thinks the statute applies
only to cases of pure torts, unmlxed with any
element of contract. collars j. concurs
l1478. b. q Q. Railroad Company vs. Achil
les North ct al Marshall c. c. Reversed. Howk,
j. a. The statute concerning drainage pro-
vides that notice of proposed drainage shall be
personal or other notice was contemplated by
the statute, and when it is made to appear by
affidavit that the statutory notice had
been properly given, the court has juris..
ti if it !, has ~, jurisdiction - Of
doubtless interfere with property held by a cor
poration for one purpose and apply it to another,
but the legislative intention to do so must be
clear Where land has been granted to rail-
road for right of way, there is authority in
the drainage law to establish ditch or drain on
such way.
1888 John O. A. Newsom VS.. Board of Com
missioners of Bartholomew county. Bartholo-
new G. c.. Affirmed Elliott, J.-Action for
nn4 % kna.x .c,-llx I'D
illegally exacted as taxes a. Money
so paid does not constitute the pub
lie officers trustees in such a sense
as to bar the. statute of limitations
from running against the cause of action. Direct
trusts exclusively cognizable by courts of equity
cannot be defeated by the statute; but such a
trust as this, if it be trust is not direct one.
(2.) demand for money so paid made after
the statute began to run, does not avail to defeat
the statute.
1920. The State vs. Josiah G. Long Wayne
G. c. Appeal sustained. Niblack, J.-Indict-
ment for obtaining money under false pretenses.
| 1:) Proof that stock-in a manufacturing com
| pany which defendant represented that he was
owner of-was pledged and hypothetical at the
time the loan was made was nadmissible as the
Indictment did not charge that it was repre-
sented that the stock was unpledged, nor
was it admissible to show the financial
condition of defendant, as the Indictment
did not negative the defendants allegation that
he was solvent (2). Proof that defendant was
indebted to the witness was admissible under an
averment in the Indictment that there was a
greater Indebtedness against defendant than
that specifically set forth g. Proof that defend
ant made false statements to a witness of the
same matter, and admitted that they were false
was admissible.
1872 L., N. A. & c. r. W. Co. Vs. Dicker-
son g. Goodbar. Montgomery G. c. Rehearing
denied. Eitt j.
10530 Sallie A Matthews vs. Mary P GOOD
rich ct al. Benton G. G. Rehearing denied.
1921 Albert E. Mcbride VS.. Thomas Strad-
ley Whitley G. G. Rehearing denied
1924 Conrad Shelhouse vs. State. Marion
Grim. G. Reinstated, conditioned that appellant
pay costs and file brief in twenty days.
11763.-Eisha Hyatt vs. George w. Cochran
ct al. Delaware G. G. Motion to reinstate over
ruled.