The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-20
THE COURT RECORD.
Supreme Court.
SLANDER-CH4ARG CRIME-POST-
ING WHITE CAP NOTICE.

OOOhI RECOHDs
Supreme Court.
SLANDER-CHARGIN CRIME-POST-
ING WHITE CAP NOTICE.
1918 Morgan c. C. Owens VS.. Meredith.
Affirmed. Monks, il. 1t is not crime to
post on a persons house at a place open
to the view of such person and the public
a notice signed, white Caps" in which
he is told that your wife is sick and needs
attention and you are wilfully neglectful
of her. You must do something for
her or have something done at once, or we
will do something for you in a way that
person with having written and posted
such notice is not SANDER per Sc 3. Say
ing You are a White Capper' in eonnec-
ton only with a charge of writing and
posting such a notice is not Islander per Sc.
4. The fact that the person so charged and
about whom such words were spoken was
a physician, and was also charged with at
tempting, by this means, to get business,
does not make them slanderous. 8. Aver
charge plaintiff with the crime of back
mail" being White Cap, and "disrepu-
table practice and unprofessional conduct
as a. physician" do not aid complaint for
speaking such words.
ANDATE-APPELLATE COURT-JU-
RISDICTION.
1920 Original action. in re- p, c., c. &
St. L. Ry Co. Mandate denied. Hackney,
IL The appellate Court has jurisdiction ton
foreclosure in which less than $500 is in
volved unless the validity of a statute lis
1 E. a WSeTe the ony IS SS
to the invalidity of the statute upon which
appelee's rights depend that was made
when case was arguing as to the con-
struction to be given such statute, and no
authorities were cited nor was any partic-
ular section of the Constitution pointed out
as being violated, but it was merely sug-
gested that certain construction could not
have been intended because it was as
serted that certain things are required by
ffrYtff Hot
ceeded to construe such statute and decide
the case. g. The Appellate Court is not
bound to transfer a case in which the va
lidity of a statute is first disputed on petit
ton for a rehearing. 4. The mere statement
of a proposition without argument or the
citation of authorities amounts to a virtual
waiver of the point involved.
APPOINTMENT OF RECEIVER-AP-
PEAL BY EMPLOYE.
1898 Randolph c.. c. Mcfarland ct al.
VS.. Pierce ct al Rehearing denied. Hack
ney, il. The manager or other Salarled
officer of a corporation has no such interest
in the corporation, merely because his sal
airy depends upon it's continued operation
of it's business, as gives him right TO APP
2 The fact that he has charge and possess
sion of the property of the corporation as
it's servant and agent does not give him an
interest that will support an appeal on his
Oart from such an order
APPEAL-PARTIES- JOINDER-AP-
PEARANCE.
1859. Cass C. c. Lowe VS.. Turpie ct al.
Rehearing denied, per curiam-l. In term
8, 1895, when Acts 1895, Page 179. took effect
and which have been taken since that date,
it is not necessary that the judgment de-
PENDANTS other than the party appealing
should be joined as co-appellants. 2. Parties
to the record who are not parties to the
judgment appealed from and have no in
be made parties or be served with notice
even in vacation appeals. 3. Parties who
have appeared and filed briefs in a cause
cannot successfully aSsail a Jotnder in err
ror which they claim was signed by an at
torney having no authority to represent
Appellate Court.
JUDGMENT ON DEFAULT-PROMIs-
sorry OTE-SIGNATURE.
1868 Delaware c. c. Albany Furniture
Co. ct al. VS.. Merchants Nat. Bank AT
firmed in part. Reversed in part. Robin
son il. An assignment of error that the
complaint does not state facts sufficient
to constitute a cause of action Is avalla-
vie to reverse a judgment upon default only
action has been wholly omitted from the
complaint. g 1t must be assumed that such
a Judgment was based upon proof of all
the facts stated in the complaint and no
Others 3. The presumption that might arise
where the name of a corporation signed to
a promissory note IS followed 9 f, by ye, tne
the corporate name, does not arise where
the corporate name is followed by the
note notch in the ordinary form, and signed I'VE
promise to pay" etc, and signed AL
bany Furniture CO. followed by bracket
names James E. Stafford, Pres, ]. Zaff,
Man.. filed as an exhibit TO complaint
alleging that the Albany Furniture Com
their Joint note, filed herewith, promised to
pay" etc, is sufficient basis upon Whlch TO
render Judgment by de1auit against the
three defendants jointly.
nITCI AGSESEMTNT Il lEIC"IlCN-
COMPLAINT.
2O59 Marion c. c. Haefgen VS.. State ex
rel Affirmed Wiley, il. A complaint to
enforce a ditch assessment otherwise good,
which states that the ditch commissioners,
bv their report duly filed, found defendant
to be the owner of certain lands (deScrlb-
ing the several tracts and did also ind
that the first of said tracts OF real estate
owned" etc would be benefited in the
sum of $3.50 by said proposed drainage, and
follows with a similar statement or the
amount which each of the other tracts be-
longing to defendant was found to be bene-
fitted sufficiently sets out the assessments
upon which the action is based TO make
it proof against demurrer for want of
facts 2 4 complaint to collect a ditch
assessment need not aver that the work has
been completed nor Is that fact essential
il aver that all the benefits sued for are
necessary to pay the expenses and cost of
construction Of the ditch. 4. Alleged errors
not discussed are deemed waived.
1880 Elkhart c. 9. Rigney VS.. Jacobs
ct al Petition for rehearing overruled.
Superior Court.
Room John L. McMasterl Judge.
The Polar Ice Company VS. Charles
Shower; damages On trial by jury.
Room 2-Lawson NJ. Harvey, Judge
Cora Hammell VS.. l.. f. g. w. Ry Co;
damages Jury returned verdict for plant
in in the sum of $1.O20.07.
Mutual Home and Savings Association VS..
OrVille L. Webb ct al; foreclosure. Judg-
ment VS.. defendant for $o39. Foreclosure
and sale ordered.
Anna Force VS.. George Force; divorce.
Dismissed and costs paid.
Commercial Club VS. Thompson r. Bell.
Judgment VS. defendant for s26 and costs.
Albert Il. Buchanan VS.. Citizens Street
railroad Company; damages. On trial by
jury
Room 3-Vinson Carter, Judge.
John r. Miller VS. Minnie Vehing ct al
mechanics lien. Dismissed and costs paid.
Frank Hammer VS.. Anna Morrison; ind