The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-07
THE RECORD OF THE COURTS.
Supreme Court.
Supreme Court
hon. G. v. Howk. Chief-justice.
The following opinions were rendered Oct. 6:
NEUTRALITY-SUSPICIOUS. JUDGE.

hon. G. v. Howk. hief-iustice.
The following opinions were rendered Oct. 6:
coNTEMPT-sPEcIAL JUDGE
13168-John NJ. Mowrer vs. the State. Henry
c. G. Reversed. Niblack. J.-Appellant filed a
complaint alleging that be and one Hatch joint
~ owned piano worth $500; that the piano had
been and was in the possession OF Hatch; no ac-
counting tor rent had been made, and
ceiver was asked. An order was made by the
court that the piano should remain where it was
and the defendant and all others were re-
strairad from moving it until the cause was
determined. At the next term special judge
was appointed. when an affidavit was fled charg-
ing appellant with having removed the piano to
his own house. In answer to rule to
show cause, ETC., appellant stated that Hatch
had removed to another State that Hatch had
rented mis- house without reserving any for stor-
age o. the piano; that the piano was a valuable
one and needed protection; that the house had
been unoccupied for some time, when e family
moved in who declined to keep the piano with
out use; that appellant took the piano for safe
keeping. The court held the answer insufficient
and fined appellant. The special judge bad
jurisdiction to hear and determine the charge of
violating the restraining order. Appellant,
under the facts, was guilty Of no wrong in TAX
ing charge of the piano.
REAL EsTATE-wIDow-PARTIE
11440. Ephraim Daugherty VS. Sarah j. Dear
dorf. Fulton G. c. Reversed. Elliott J.-In
order for widow to recover lands left by her
husband, she must show that her husband left
no father orsmother, and no children surviving
him. ca Where the vendees of mortgageor
were not made parties to the suit for foreclosure
no title is acquired by the foreclosure against
them.
GRAVEL RoADs-APPEALs.
12940. Richard Neptune ct AL vs.. James S
Taylor ct al Boone c. G. Affirmed. collars
IA ruling of the county board. in a proceed
ing to establish gravel road, striking out mo-
ton to vacate order approving a report of
viewers made before any action had been taken
on the report, is not final decision to be ap-
pealed from.
vExATIoUs sUIT-BILL OF EXCEPTIONS.
1850. Sarah E. Carrothers ct al vs. Andrew
Carrothers Marshall C. G. Affirmed
is vexariousiy brought by the same
parties for the same cause the court will
by order stay the proceedings in the second &C
tion until the costs of the former action shall be
paid. In the absence of contrary showing it
will be presumed that the second action is vex-
atlous. ~ The answer stricken out is not
properly in the record. 1t is not in the bill of
exceptions where it might be inserted. but there
is memorandum by the clerk that he believes
the rejected part may be found on certain page
of the transcript, but wholly outside the record.
13149 Thomas I. Murphy VS.. The State.
Owen G. c. Howk, G. J.-Afirmed on the
authority of Murphy vs. The State LOG Ind &C.
TELEGRAPH ooMPANY-PENALTY-sEN
l26l0 Western Union Telegraph Company
VS.. Thomas B. Buskirk. Orange c. c. AT
frmed. Mitchell IA complaint against tel
egraph company to recover the statutory penal
ty need not allege that the party to whom the
message was addressed resided within one mile
OF the station where the message was sent, or
within the city town within which the station
was situated e. Where message was proper
~ directed and sufficiently indicated on its face
who the sender was, and the company received
it without objection, it cannot In such suit ques
ton the authority of the person who signed it
for the sender.