The Indianapolis journal., 1896-03-04
THE COURT RECORD.
Supreme Court.

80 - - " - -
THE COURT RECORD.
Supreme Court.
1743i. State ex rel. Scott vs. Hart IaPorte
C. G. Reversed. Monks, il. The powers
of the Board of Commissioners are limited,
and for any act done by them without the
scope of their powers the county is not liza
Bile. 2. Counties are subdivisions of the State,
organized solely for governmental purposes.
g. A county courthouse with the real estate
upon which It stands, Is public properly, held
by the county in trust for the public use, and
the commissioners have no power TO rent or
thereby preclue themselves or their success
sors from the right to exercise their powers
over the same, as given them by the statute.
17741. Deweese VS.. Hutton. Fulton c. c.
Affirmed. Hackney, c. il. When the evil
dence is not in the record, 1T will be pre-
sumed that the verdict and judgment was
upon an unobjectionable paragraph IL either
is good. q The Board of Commissioners cam
not pay for repairs out of the county treas
ury, unless the road district first applies its
repairs. 8. The Board of Commissioners are
not compelled to ask for competing bids in
letting the work of repairing bridge. 4. Ii
strike out parts of a pleading consisting of
mere surplusage. 5. Where power is not
given expressly or by fair implication from
some express grant, Ii does not exist, and its
exercise is ultra wires.
174O6. Higgins VS.. Spahr. Marion 9 c.
Reversed. Howard, J.-Where the grantor
third persons, the statement of either is adj
missible in evidence to show the fraud. 2. A
sale of property TO the wife by the husband,
and the latter remaining in control and pos
session Of the same, is a prima facie case or
fraudulent sale.
1714o. Price VS.. Grivin. Carroll c. c. Re-
versed. McCabe, jim order that an injunc-
ton may be binding upon party, he must be
a party 10 the suit.
1924. Cronkhite VS.. Fenton. Fountain c..
c. Appeal dismissed.
1871. Harrison VS.. Stanton. Marion c. c.
Publication ordered.
Appellate Court.
1644 Herrod VS.. Whistler. Boone c. C.
Reversed. Gavin. c. il Sureties or bonds
men cannot be held beyond the plain import
of their obligation. 2. When 1t is made clear
that evidence absent from the record did not
aneet the point INT, invoisea M ana tnere re Is sum
the error and its material character, then the
court will consider the question and adjudge
a reversal thereon.
$50. Seiberling vs. Rodman. Washington
c. G. Reversed. Ross, IA person cannot
recover on breach OF warranty until he has
performed all his agreements in the contract
in relation thereto.
1872 Fire Insurance Company VS.. Tile
Company. Marion s. c.. Ar ned. Reinhard,
il. A departure in a pleaCin., is a desertion
of the position the peader maintained in his
last antecedent pleading, and resort TO an
other ground. 2. Under the code. whenever
any paragraph of answer contains new mat
ter, the plaintiff may reply the general de-
nial. and may also in separate Paragraphs,
reply any new matter which supports the
complaint. and avoids the new matter in the
answer. g. An insurance company will be
liable for loss for which 1t insures, although
the agent exceeded his territorial limits in
regard TO the location of the property, and
the policy was signed by a clerk in the
| agents office, when the agent does not ex-
ceed the general scope Of his authority, and
14sl: l.. y. A. & c: Railway Company VS..
| McAfee. Tippecanoe s. C. Affirmed. Davis,
| il. The court will take judicial notice that
| a certain railway station and village is Sit
uated on particular railroad, in particular
| county in this State. 2. Where a railway
| pany for thirty-eight years, but no cattle
public had used the crossing for the same
| length of time in reaching the public high
| way, this court will not be justified In say
ing that the only reasonable Inference that
ce thereby IS II Is tbs
| pany from the liability for stock killed at
| said crossing, the stock having escaped from
an inclosure.
| 1866 Freeman VS.. Hutchinson Sullivan
| G. c. Affirmed. Lotz, il In an action for a
personal injury, resulting from the negli-
| gence Of physician in treating an injured
| thumb a witness may examine the injured
member in the presence of the jury and de-
| scribe its condition. 2. The discretion OF the
| trial court In the scope OF cross-examina ton
| allowed will not be reviewed unless it is ap-
/ parent that 1t has been abused. 3. 1t Is with
| in the discretion of the trial court to allow
| been given in chief 4. Unless newly discov-
| e:ed evidence will probably produce differ
| ent result. a new trial should not be granted
! for such cause. 5. instructions given must
| all be considered together
1857. Mckinney VS.. Souders. Allen c. C.
| Petition for rehearing overruled.
zoos. Yarcer VS.. Dulinsky. Wells c. C.
| Appeal dismissed.
| Superior Court.
Room 1--John L. McMaster Judge.
Benjamin Richcreek vs. Henry g Earl
ct al. ; Improvement bond. On trial bv colIrr
State Bank of Indiana VS. William 10
Bash ct all note. Judgment for plaintiff
Room 2-Lawson W. Harvey Judge.
Henry Coburn VS.. Christian wesehier:
court.
Thomas Mcclure VS.. George NJ. Diltz:
damages. Judgment for $40 on verdict of
Max Bishoff VS. Rachel Newgarden ct al. !:
attachment Judgment versus defendant for
| $l and all defendants for costs.
Annie Bray vs.. Bertrand L. Smith: ac-
count. Judgment against defendant for Sis
Wesley A. Stout vs. Schuyler Haas: dam
i Abraham w. Bischoff VS.. Rachel New
Harvey Rosebaum vs. Rachel Newgarden:
replevin. Dismissed by plaintiff. Judgment
versus plaintiff for costs.
;. Circuit Court.
II Edgar A. Brown. Judge
Esther A Bristor VS.. Fred A. w Davis
ct al: on Judgment On trial by court.
J, Amzi Dodd VS.. Rebecca ]. Scott eft al /;
affidavit for receiver to collect rents etc.
J, Overruled.
New Suits Filed.
Martha E. Wayt John T. Wayt; di-
vorce. Superior Court, Room 8.
John j. johnson vs.. Mary f. Harvey ct
: AL; suit to foreclose lien Superior Court,
Room 3.
Augusta Jackman VS.. James Duffy: dam
ages. Superior Court. Room 2
David T.. Cooper Sarah Crosiey: suit
on ncte. Superior Court, Room 2
Albert c. Rees vs.. T. ]. Sutphen ct al.
suit TO set aside mortgage. Superior Court.
Room 3.
Citizens State Bank VS.. Arthur Dickson;
u suit on note. Superior Court. Room 3.