The Indianapolis journal., 1886-01-08
THE RECORD OF THE COURTS.
United States District Court.
Eon. w. A. Woods. Judge.
To-day-No special calls.
Supreme Court.

Hon. W. E. Niblack. Chief-justice.
The following decisions were rendered on
Jan. z:
ll715. James Elmore vs.. John G. Overton.
Montgomery G. c. Affirmed. Niblack, G. j.
The statute does not confer on county superin-
tendents either judicial or quasi-judcial power
Ia the matter Of licensing persons TO teach in the
common schools. The Office belongs to the
executive department. of the State, and
the duties attached to it are, strictly
speaking. OF merely administrative
character that is are in aid of the execution
and assistance in giving force and effect to other
provisions of our common school system. But
he occupies an analogous position to judicial
officer so far as that he is protected from any
claim tor damages on account of any mere mis-
take in decisions or error of judgments whether
in granting or withholding license to person
desrous of becoming qualified teacher in the
schools; but he ought to be held for maliciously
withholding license from an applicant lawfully
entitled to it,
1896. Louisville. New Albany & Chicago
Railway Company vs. Richard Ell. Goldman ct al.
Tippecanoe 9. G. Reversed collars, I'LL J
Complaint that appellant held out that it was a
common carrier between Battle ground and
Chicago; that it had proper and suitable appli-
ances to load and receive stock at said station;
that relying said representations the appellees
applied to the agent at battle-ground to have
shipped by a certain date cattle to Chicago that
appellant agreed to receive and ship said
Cdttio ny Inc udIS anu 0elNcr Cutm III
Chicago; that relying upon the promises
they delivered the cattle according to the agree
ment in full time to ship; that appellant by rea-
son of it's failure to keep in repair and maintain
means and ways to put cattle on the cars (of
which plaintiff had no knowledge) after said cat
tie had been driven to Battle ground and placed
in yards. refused to ship them. is sufficient. T.
Proof that while loading the car two head of cat
tie became frightened and escaped from the pen,
and the train arrived, which, after waiting
twenty or thirty minutes for their recovery. left
without taking the car, does not sustain the COM
plaint
12163 Robert J. Tracewell VS. Nancy Farms
ley. Harrison G. G. Affirmed Elliott, j.
Where it affirmatively appears that judg-
ment rests on good paragraph of pleadin an
error in overrulng demurrer to a bad para
graph is harmless.
1905 George Freshour ct al VS.. Logansport
and Northern T. p. Company; Cass G. G. Re-
versed. Mitchell, J.--In q petition for high
way the board of commissioners held the re-
monstrance insufficient and made an order ap
pointing viewers. The remonstrants thereupon
appealed from this order to the Circuit Court.
The court should have dismissed the appeal.
proceeding like this remains within the juris-
diction of the board until by some order or decis
ion made by it the proceeding is substantially
ended. An appeal may be taken from such de-
cision, when the Circuit Court acquires jurisdic
ton to try the case de novo. There such
decision here from which an appeal could be
taken.
1888 David Fl. Lipes ct al. vs. George W.
Hand ct al Allen c. c. Rehearing denied