The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-06
THE RECORD OF THE COURTS.
Unitel States District Court
Hon. w. A. Woods. Judge.
To-day-No special call.
Supreme Court.

The following decisions were rendered March D:
12848. State ex rel. George W. French VS..
John w. johnson. Gibson G. @. Reversed.
Niblack, G. J.-Section TO of the act of April 6,
1885, making it the duty of the county surveyor
to keep the bitches in his county, constructed
under any of tho drainage laws of the State now
or heretofore in force, in repair to their full
dimensions as to width and depth required by
the original specifications prescribing their
dimensions, and to certify the cost of repair to
the county auditor, who shall draw warrant
in favor of persons for money owing, which war
rants shall be paid out of the county revenue,
the county treasurer to be reimbursed by an as
sessment upon lands benefited; also. requiring
the surveyors to keep record and post notices,
etc., is constitutional The power devolved on
the surveyor is not judicial power. The Sec
ton setting apart SO much of the county revenue
for the cost or repair is in legal effect an appro-
piation by law of so much of the county revenue
of the several counties as is necessary to keep
the bitches in repair. The appeal authorized
from the assessments made by the surveyor is
as full and complete as is the appeal allowed
from the award of appraisers for assessment for
damages, which is no longer seriously ques-
toned.
1928. Leason Bass ct al. VS. John Elliott, ad-
ministrator ct al. Shelby G. g. Affirmed.
Howk J.-(L) A proceeding for the location and
construction of ditch or drain, under our drain
age statutes, is so far civil action that the pro-
visions of Sections 4l2 and 417 Revised Statutes,
in relation to a change of judge, applicable to
it. (2.) Where in special finding by the court
there is no affirmative finding that either
the public health will be improved by the con-
struction of the ditch or that one or more public
highways of the county, or streets of town or
city, will be benefited, or that the proposed
work will be of public utility. the conclusion of
law is rightly finding in favor of the remon-
strants a. Exceptions to conclusions of law
admit that the facts were fully and correctly
found, but that the court erred in applying the
law.
12242. George W. Holman VS.. The State.
Fulton G. c. Affirmed. Elliott, I'll A state
anent was fled by the judge below charging APP
pellant with direct contempt. Where matter
takes place in the presence of the court and the
judge places in the record statement of the oc-
currence the appellate court is bound to accept
as true the statement OF the Judge.
(2) III temper or harshness of the judge will
not excuse positive disobedience of the orders
of the court or a contemptuous disregard of its
authority (3.) The power TO punish for direct
contempts ia inherent in all courts of superior
jurisdiction. H. Disorderly conduct, insulting
demeanor to the court, and direct disobejience
Of its orders, in facie curim constitute direct
contempt
125Ol. William Wallace administrators, VS..
David B. Long, guardian. Marion c. G. Re-
versed. Mitchell, jim 1871 Maria Leth and
her husband. being childless, requested the
plaintiffs ward, then about seven years old.
niece of the husband, to live with them, and be-
coming much attached to her they proposed and
agreed at that time. and afterwards, that IL she
would live with them during their lifetime and
until the death of both, and do by them as their
child and permit herself to be known and called
as their child, and do such work about the
house as she was capable OF, and care for
them they would treat her as their child, and at
their death at the death of the survivor of the
two they would bequeath their entire estate to
her. The ward accepted the proposal and faith
fully performed the agreement on her part The
husband died in 1881 leaving his property to his
widow. The agreement was renewed between
the ward and Mrs. Leth. The ward performed
the agreement until the widows death, who died
intestate. Suit to recover the value OF the
in this tends to support the view that it was
for plaintiffs ward by will may be conceded,
but as the agreement was not in writing
signed by her. and as it involved an agreement
for the sale of real estate and for the transfer of
personal property exceeding in value $50, such
agreement was within the statute of frauds
Because the agreement was not withdrawn from
the operation of the statute by part performance
it cannot be specifically enforced; neither can it
be the foundation of action for damages. The
ward, however, is entitled to recover the
value Of her services which is to
be determined without any reference TO the
value of the estate But in estimating the value
of services, regard should be paid to the stua-
ton of the parties the nature of the services re-
quired, and allowance should be made that the
presence and society of the ward may have been
of sufficient value to compensate for the educa-
ton, clothing and support. Frost VS.. Tarr SO
Ind, 800, and Lee Carter, SO Ind, 342. modi-
fed.