The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-02-01
Supreme Court.

Supreme Court.
Hon. w. e. Niblack. Chief-justice
The following decisions were rendered Jan. 80:
12629 First National Bank Of Mauch Chunk
vs. United States Encaustic Tile Company ct al.
Marion S. G. Affirmed. Howk, J.-James G.
Douglass John Dunlap and Isaac N. Pattison,
the two former being stockholders and the latter
creditor OF the United States Encaustic Tile
Company, petitioned for a receiver for the
poration, alleging facts which showed that the
corporation was i'll imminent danger of insolv-
ency. The corporation, by attorneys, filed an
answer, admitting the allegations of the COM
plant, and confessed that receiver ought to be
appointed The Judge, in vacation, appointed
appellee receiver. Suit by judgment creditors
of the tile company to have the appoint
ment annulled. The suit by Douglass ct al.
was under Section 1000, which provides that the
court or judge thereof, in vacation, may appoint
receiver when corporation is insolvent or in
imminent danger of insolvency These were
issuable facts, which the corporation
might admit or deny and the fact
that it filed an answer admitting the
truth of the complaint does not make
the suit of the plaintgs therein any the less of
an adversary character than it otherwise was.
In Pressly vs. Lamb, recently decided, it
held that the voluntary appearance of the defend
ant is equivalent TO the service of process, and
that such suit is commenced from the time of
such appearances and. further that the court
having jurisdiction, the proceedings before the
judge IN vacation were the proceedings of the
court, ana could not De collateraly attacked.
That case decides that the facts in the present
complaint not sufficient. and it is immaterial
whether the receivers answer is good or bad.
1928. Julius SEVERN vs.. Board of Commits
sioners of Dearborn County. Dearborn G. c.
Affirmed. Elliott, J.-Appellant county au-
ditor, claims compensation for services in COM
plotting the tax duplicates which had been par
TALLY prepared by his predecessor. In order
that public officer may recover compensation
for official services he must show statute or
contract giving it to him, made by an author
lied officer or body Conceding that there can be
recovery, he must make clear case, justify
ing recovery Here it is not apparent but that
it was appellants duty to complete the duplicate.
no statute requiring an outgoing auditor to fully
complete it, 1t there could be a recovery. the
auditor must notify the Board of Commissioners
of the uncompeted work and consult with them.
1924. James w. Crooks, auditor, We. State
ex rel Cottingham ct al. Hamilton G. G. Re-
versed. Collars J.-In 1871, on proper petition,
Noblesville township voted an appropriation to
the Anderson Lebanon e. St Louis Railroad
Company, agreeing to take stock therefor A
special tax was ordered, the first levy collected
and paid over the township taking stock. Be-
fore completion the road mortgaged it's stock.
and under foreclosure proceedings. the Midland
Railway Company acquired its property and
went on with the work. Suit by the latter COM
pany to compel the auditor to place the tax
the duplicate for collection. Held: That no right
to the money voted could pass to the latter cor
poration.
Adjourned until Feb. g.