The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-21
AscERTAINING PUBLIC HIGHWAY
OBSERVATION-DISCLOSURES COURT.

ASCERTAINING PUBLIC HIGHWAY
OBSERVATION-DISCLOSURES COURT.
1926 Washington C. c. Hardinsburg VS.
Cravens. Affirmed. McCabe, ii. An
order entered by the board of commits
r S. 1851 by which an alle egeoi pu bic
highway that has been used as such for
twenty years is ascertained, described and
entered of record without notice to the
owner of the. real estate to be affected
thereby, is void. 2 A court of limited and
special jurisdiction, such as the board of
county commissioners is, has no authority
to take up a matter after it is once closed
and make further orders or modify those
already made. 8. A settled rule of law
which is clearly right, will be applied to
q case which, arose when the Supreme
Court was applying different rule to mat
ters such as are in question. where it does
not appear that any contract rights are
involved or that anyone changed his
position to his detriment or parted with
value , on the faith of the CONSTRUCTION
is the proper remedy to prevent a town
from appropriating land for street wrong
fully but under color of right without as
sessment and tender of compensation to
the owner.
1908. Delaware c. C. Shea vs. Muncie
Petition for rehearing overruled.
Appellate Court.
DEFAULT-SETTING -ExEMP-
TION.
21S5. Kosciusko c. c. Kolb VS.. Raisor ct
al. Affirmed. Comstock, G. il. A defend
ant who shows that he has a good defense
to all or material part of a judgment
which was rendered against him by default
and that the summons was only served by
leaving a copy at his residence in his alb
sence and he had no notice of the suit
until after the Judgment was rendered is
entitled to have the default and judgment
set aside, and be admitted to defend. q A
party cannot be held to have waived a
ceedings of which he had no knowledge
3. The disposition of his property by a
5000 worth cannot be a fraud on his cred
itors. H. The provisions for exemption of
property of inslovent debtors from execu-
ton found in our Constitution and statutes
are intended for the protection of the debt
or'S family as we'll as himself, and should
be literally construed
APPELLATE COURT-JURISDICTIO
EQUITABLE RELIEF.
2175. Marion S. c. Pullen ct al. VS.. Ed
wards ct al Transferred to Supreme Court
Henley, il. The Appellate Court has no
jurisdiction of an appeal in a case where,
in addition to a money judgment, equitable
Judgment for $3.50 damages and a decree
perpetually enjoining appellants from
maintaining or permitting to be maintained
the business in which they have been en-
gagged and which was found to constitute
a nuisance. should be taken to the Supreme
Court.
APPELLATE COURT-JURISDICTI
OPENING JUDGMENT.
2234. Allen &. &. Fitch VS.. Byall. Trans
ferred to Supreme Court. Black il. Sec
ton 399 r. s., 1894 does not confer upon
the Circuit Court authority to open up
judgments of justices of the peace suffered
by the mistake, surprise or excusable neg
lect of the defendant, but contemplates
only the opening of judgments of the court
in which relief is sought 2 An appeal from
a judgment of the Circuit Court rendered
in a proceeding to have that court set aside
a judgment of justice of the peace upon
the ground that the summons was actual
ly served on some one other than the de-
PENDANT against whom the judgment was
rendered and he had no notice of the suit,
and has a good defense, should be taken
to the Supreme Court.
2119 Henry c. G. Bond, administrator,
VS.. Holloway. Rehearng granted
2120 Henry G. c. Bond, administrator,
VS.. Saffell. Rehearing granted.
1886. Randolph C. c. Fleming vs. Reed,
administrator. Certorari granted.
Superior Court.
Room John l.. McMaster, Judge.
Polar Ice Company VS.. Charles Shower;
damages. Jury found for defendant.
Hanover Williams Us. Railroad Transfer
Company: damages On trial by jury.
Room 3-Vinson Carter, Judge.
Mary c. Nichols VS. Alice Miller ct al
foreclosure. Personal Judgment follows
against Alice Miller: In favor OF plaintiff,
$423.59; In favor of Dalton Il NJ. Sl596s;
In favor of 5. w. Wal%, SO; In favor OF
Noah Brooks. SIC; in favor of Richardson
4 Pegg, $64.29, and costs.
Benjamin G. Wheat et al; foreclosure.