The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-09-17
THE RECORD OF THE COURTS.
Supreme Court.
uUu " " HUWkt % y.
The following decisions were rendered Sept. 16:

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The following decisions were rendered Sept. 16:
SCHOOL TEAoHERs-FILING RBPoRT-wAGEs.
I2259 Owen School Township vs.. Mary A.
Hay Clark G.. G. Reversed. collars, J.-Sec-
ton 4449 provides that school teachers shall, at
the expiration Of the terms of school, make re-
port to the school trustee, verified by affidavit,
showing the length of school term in days, the
| number of pupils admitted during the term,
ETC., and until such report is made the trustee
shall only pay IS per cent. Of the wages A
complaint for services is not rendered wholly
bad for failing to aver that this report has been
filed, as rs per cent may be recovered; here it is
made sufficient by averment that appellee "had
performed all and singular her duties according
to said contract" But in the contract appellee
agreed to furnish the report,s and that imposes
condition precedent that before receiving any
wages she should make a report The burden
is on her to show compliance. The special
finding giving her recovery fails to show any
proof of the filing of the report and is therefore
not sustained by evidence
COUNTY AUDITORS FEE AND SALARY ACT OF 1879
1920. George W. Stout VS. Board of Com
missioners of Grant County. Affirmed. Niblack,
J.-Referring to acts in pari materia, passed
either before or after the act of March. 81, 1879
to the history of the time of the meeting of the
Legislature of that year, and taking these Cir
cumstances in connection with the leading and
minor provisions of that act it was the evident
intent of the Legislature to reduce rather than
increase the aggregate compensation of public
officers. The phrase in that act "the additional
sum of $500 for each 1, 900 inhabitants in excess
of 10000" applies to the fixed salary Of the
county auditor as its antecedent. and for that
reason there are now two separate and distinct
rates of additional compensation. each addi-
tionai, and only additional to the auditors fixed
salary, that is to say, 1925 for each 900 iuhabi
tants over Is, 600 and not more than 10000, and
800 for each 1000 inhabitants in excess of 90
0O0
PfEADING-PENDING OBSERVATION-DISCLOSURES
12348. John Buscher VS.. Michael Knapp, ad
ministrator. Hamilton G. G.. Reversed. FL
lott, J.-Q.l When the fact that appeal has
been prosecuted or is pending is not apparent
on the face of the record the proper method to
present the question is not by motion to dismiss,
but by answer. r. Where demurrer Is suf-
l fcient to indicate with reasonable certainty
what paragraph of the answer the reply fails TO
state sufficient facts to avoid, it presents the
question of sufficiency Of the reply. (3 A note
shown to have been executed merely as evidence
/ of an advancement by father toason cannot
be enforced. A reply setting up that, by the
terms of the will, the notes were not intended
for an advancement, is bad. Notes executed
cannot be changed by will
NEUTRALITY-SUSPICIOUS. FOR CONDUCTORS ACTS.
1886 T. FL. G. L Railroad Company vs. Geo.
w. Brown. ClintonC. G. Reversed. Mitchell,
J.-Where brakeman was injured and the cir
cumstances were such that the conductor had
adequate authority to secure necessary surgical
aid at the companys expense, 1t cannot be as
sumed that he had authority to employ one sur
geon and authorize him to employ, at the COM
panys expense, as many more as he should
think necessary. If the surgeon first employed
by the conductor finds it necessary to call an as
sistant. the assistant must look to the surgeon
for compensation.
1870 Nicholas Hudson vs. the State Perry
G. c. Affirmed. Howk, G. j. The evidence in
this case supports a verdict OF murder.
1928. Solomon Allen VS.. Catherine j. Holton
ct al Lake c. G. Motion to dismiss overruled
1868. Harrison School Township vs.. David
Hatten ct al Harrison G. G. Dismissed on
the authority OF 104 Ind, 1863.
1878. Thomas McMonigle vs. Garrison Shoe
maker. Harrison G. G. Dismissed on the same
authority.
1918. Joseph W. Miller ct al. vs. Rachel NJ.
Miller. Clinton G. G. Dismissed under Rule a.
1915. James johnson VS.. Samuel Moore.
Huntington G. c. Motion to dismiss overruled.
l2061. National Benefit Association vs.. Min
ME Grammar. Marion S. c. Rehearing denied.