The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-10
THE COURT RECORD.
Supreme Court.

THE COURT RECORD.
Supreme Court.
| 1870. Railroad Company VS. State ex rel
kister. Fulton G. c. Reversed. Monks,
III. In the absence Of statutory provisions
corporations are subject TO suit for charter
| forfeiture and dissolution only in the county
f! IN which they reside; thit is where the
stockholders annually meet and the pr.n-
cipal office is maintained. And IL the in
formation does not show the county in
which the corporation holds its office such
proceeding VIII not be coram non judsce
and the process nullity 2 The defendant
may demur TO the complaint when IL ap-
pears upon the face thereof that the court
defendant or the subject Of the action.
| or the objection may be taken by answer.
| but If no such objection is taken either by
| demurrer or answer the defendant shall
be deemed to have waived the same except
only the objection to the jurisdiction OF the
court over the subject of the action and
except the objection that the complaint
does not state facts sufficient TO consti-
tute cause for action. Provided. however.
that the objection that the action was
brought in the wrong county IL not taken
by answer or demurrer shall be deemed
10 have been waived. 3. II the Circuit
Court of the county i'm which the corpora
ton resides is the only court which could
take jurisdiction of the subject OF the
alleged in the information. 4. The facts
which give jurisdiction of the subject OF the
action need not afiirnatiVely appear on
for want of jurisdiction will only lie when
the defect appears upon the face OF the
complaint 6. Where the court is In law
incompetent and without the faculty to
deal with the subject matter before IL. its
proceedings and judgment without regard
10 any question Of waiver or consent OF the
parties would be coram non judce. In
such a case the want OF jurisdiction would
necessarily appear on the face OF the COM
plant and objection might be taken by
demurrer or motion to dismiss z. Where
facts exist that would deprive the court or
Jurisdiction or arrest the proceedings Tor
the time being the complaint being silent
in that regard, objection cannot be taken
by demurrer. but the facts must be brought
forward by answer or plea s. A sum-
mons from the Circuit Court can only be
served in this State by the sheriff or by
pose. 8. An unofficial person may serve
a summons without the State when such
service is authorized by statute 10 Proof
Of summons out Of the State in order 10 be
sufficient Ii must also be shown that the
defendant a nonresident OF the State
IL. When 1t appears that there is no officer
or person to transact the business of the
company such facts should appear from
the sheriff's return
c. c. Affirmed Hackney, c. il The
courts indulge all reasonable prescriptions
the board of commissioners to the Circuit
Court the cause is tried de novo
1858 Smith VS.. Newbaur. Blackford c.
c. Appellant petitions for rehearing.
Appellate Court.
1888. Telegraph Company VS.. Cain. Scott
c. c. Reversed. Davis. J.-When damages
are recovered for the expenditure of a given
sum of money, 1t should appear how he was
damaged TO a much greater -amount-fhao
was actually expended.
1881. Wyman VS. Turner. Washington G.
c. Reversed. Gavin, c. il Persons taxi
ing up and impounding stock shall imme-
diately give notice in writing to the owner
of the stock IL known 10 him. 2 Where
person relies upon statute for his author
ity in taking possession of stock. he must
show a strict compliance Herewith.
ITO. Gas and on Company VS.. Wooters.
Tipton c. c. Reversed Reinhard. This
case is reversed upon the authority of Gas
and Oil Company VS.. Jones. decided at this
i7ls. Board of Commissioners VS.. Hemp
hill. Bartholomew c. c. Rehearing grant,
Superior Court.
Room limo. L. McMaster. Judge.
Star Saving and Loan Association VS..
Morrison c. Decker ct al; foreclosure.
Judgment for plaintiff for ss77.93.
The No Indiana Mutual Building and
Loan Association vs. Isaac s. Osborn et al:
foreclosure. Judgment for plaintiff for ST.
341 90
receiver. Finding and judgment for plain
Charles A. Miller VS. Noah J. Clodfelter
ct al; note. Judgment for piaintif for
John Smart VS. Robert Reidweg ct al; on
note judgment for plaintiff laintiff for $780,
al; note. Judgment for plaintiff for S72.sS.
John w. Blackedge VS.. Louis Porter Cab
met Company ct al; damages On trial by
jury.
Room 2-LswsoD NJ. Fiarve-. Judge.
Samuel E-ishman VS.. Mary Erishman; 10
| set aside marriage contract On trial by
court.
Room 3-Plny w Bartholomew. Judge.
Henry Mag VS. Evander NJ Evans: Bar
rett bond. Dismissed and costs paid.
Charles Schwert ct al. VS.. Mary T.. Berry
ct al: lien Dismissed and costs paid:
sewer lien. Dismissed and costs paid.
Lulu May Horton VS. Citizens Street-raii-
road Company; damages; on tria, by jury.
al sewer lien. Dismissed and costs paid.
Circuit Court.
Edgar A. Brown. Judge.
Samuel ~. Gold. assignee. Henry Blan-
ford et al. On trial by court
New Suits Filed.
Edward H. Kiefer VS.. the Louisville. New
Albany * Chicago Railroad: suit on con-
tract. Superior Court, Room 2.
Daisy Ensley VS.. Edward 7. Ensiey: d.
v1res Se stas RoIdng an1 loan assoc.
ton VS.. Mary o. LeFeber ct al: suit 10 fore
close mortgage. Superior Court Room B.
Alfred o. Despo VS.. William Byers ct al:
suit on note. Superior Court. Room !,
VIM. K. Roberts vs.. Samuel A. Kean ct
al; suit to quiet title. Superior Court.
Martha J. Stewart VS.. John Graham: suit
for damages. Superior Court Room i.
Henry Mag VS.. Charles c. Stage ct a.:
street lien. cuptflOT OOuIl. ttcoH =
Henry s. Peters VS.. Charles " Metcalf
ct al; damages. Superior Court. Room g.
Indiana Bond Company VS.. Henry Coburn:
street bonds Circuit Court.
Equitable State Building and Loan Asso-
citation VS.. Henry II. Meats ct al; suit To
foreclose mortgage. Superior Court. Room ..
Henry Mag VS. Fred l.. Evans. street
lien. Superior Court, Room l.
st. Joseph County Savings Bank VS.. Rob
ert Il. f. Peirce- Superior Court. Room 3.
The FOrgy-suttop Alteration.
t. ~ IL, Ir,li