The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-30
The Conrt Record.
SUPREME COURT DECISIONS.
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Hon. J. A. ). Mitchell. Chiefj ustics.
1907 j. Rumpler Passenger VIM. Har-
ness. Cass G. G. Reversed Mitchell. G. J.-Where
drainage proceedings of a board of commission
ers are drawn collaterally IN question. since the
law expressly authorizes the proceedings TO be
had at special session, for the calling of which
due provision is made. the presumption will be
INDUCED, at least until the contrary appears.
that the board was duly convened Where an
improvement is made under color of statutory
proceedings, unless such proceedings are SO to-
tally and palpably void as that tbs person who
made the improvements or performed the work
must have proceeded with a degree of reckless
ness that amounted to bad faith, the property
owner who stood by and secured the benefits
assessed against his property will be estopped
to assert the invaldity of the proceedings with
out first paying, or offering to pay, the benefits
1867. Charles White, jr., Treasurer. vs.. Sam.
uel s. Fleming. Ripley C. G. Reversed. Howk.
J.-Suit to enjoin a county treasurer from or
dering certain assessments against PLAINTIFFS
real estate account of road improvements.
Oral notice to the members Of the Board of
Com missioners by the county auditor of spe-
cial session is sufficient under Section 573S. R S.
When the board 10 once lawfully convened in
special session, no matter on what account or
for what purpose, the board at such session
may lawfully entertain and act upon any bust
ness. matter or thing. administrative, corporate
or judicial which may be presented during such
session for consideration and decision where
notice is not required by law to be given pre-
vious to the action Of the board When a petit
ton for the improvement of road and the
required bond presented to the board. law
fully convened In special session, IL IS comae-
tent for such board under the act of 1877, with
out any previous notice TO party interested,
to take immediate cognlzance of such petition,
and. pursuant to Section $685. appoint viewers
and surveyor. and fix the time and place OF their
meeting.
13l93 John Eads vs. VIM Rutherford ct al
Madison G. G. Reversed. Elliott. J.-Persons
who own land are chargeabie with knowledge
that it is liable to taxation, and If they neglect
to pay what they know il is their duty to pay.
they cannot escape liability the ground OF
some inaccuracy in naming the owners.
2 One to whom land descends jointly with
other heirs may either pay the taxes due on ms
undivided interest in the land or he may pay all
the taxes and enforce contribution.
1882 State VS.. Zibs Il. Adamson. Lawrence
c. G. Rehearing overruled.
SUPERIOR COURT.
Room l--Ron.s n. d. Taylor. Judge.
Phoebe Duncan VS.. VIM. Wells ct al. posses
sion and damages Finding and judgment for
plaintiff for possession OF property and 81 dam
ages.
Anna NJ. LeForte VS. Victor LeForte; divorce:
abandonment. Divorce and custody of child
granted plaintiff.
Jno. Gross. by next friend VS.. c., st. L. & P.
Railroad Company; damages. Judgment on de-
murrer against plaintiff for costs.
Room 3-Hon. Lewis G. Walker. Judge
Theodore Wagner vs. County Commissioners:
for fees. Verdict for $37 30.
Rosa Petsch vs. lbers Petsch: divorce. Di-
yorce granted plaintiff
NEW SUITS FILED.
Johanna Lux vs. John Lux ct al. complaint
for partition.
William G. Smith vs.. Stephen Riley ct all
cempaint on note. Demand. 5000
Mary Admire vs.. Frank Lindley ct al; coa-
plant on note. Demand 5000.
CRIMINAL COURT.
Hon William irwin Judge.
State vs.. Peter Treator; engaging in prize
fight. On trial by Jury.