The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-03
THE COURT RECORD.
Appellate Court.
r11ANcE OF NUE-REFUSAL-RE
vERSTRI,E ERROR.

VERSIRLE ERHOh
2201 Washington c; e L.. N "A, =.
Where the proper affidavit for a change
of venue attaches TO said defenoallt Gauss Cav pc
of defense on account OF Iocal tiefyuudioT
said county, sworn to by the delenuahIs
.yanerai ATTORNEY, who makes oath that he
makes it by the defendants aushoIlty, e tl
at its instance and request anu Oh 10 ,a p9-
half is filed on behalf of defendant rall-
road company, after an AMENDED coIlpIdInt
has been filed upon the sustaining OF us-
murrer to the orig company al1o H.
issue has been taken on the AMENDED pea,
il is the imperative duty OF the court 10
grant such change, and its refusal 10 40 SO
is reversible error. 2 Inc Iact thaI pre-
made before the demurrer mad oeen sus-
tanned was refused under a RUE OF couTt,
is no reason for refusing the second appl-
"a ton which did not conflict with any rule.
3 Such an error is not rendered harmless
by the fact that the case is atterWard, with
the defendants consent, tIleu Wy the coul
without a jury.
TOWNSHIP TRUSTEE-PAUPER PLY
SICIAN-AUTHORITY TO EMPLOY.
2220 Monroe c. c. Board, etc, Monroe
County VS.. Galloway. Reversed. Whey =.
il. Where the physician employed by the
board of commissioners to attend the poor
in d township abaEdons ms contract OF re-
fuses TO serve when properly called on ana
an emergency exists Tor the immaculate
services Of a physician to attend a pauper
patient, the township trustee has authority,
and 1t is his duty TO employ some other
the value of his services. z township
trustee has no authority to bind the county
by his contracts i'll the employment OF
physician TO attend the poor where the
county has already made suitable provision
therefor and the physician II mas hlred is
accessible, unless there IS an emergency
calling FOR the immediate services of phy-
stefan or surgeon who can be secured IN
the absence of the physician whom the
commissioners have employed. 3. A ply
stefan called upon by township trustee to
attend a pauper patient is chargeable with
notice of his limited authority 70 give such
employment. 4 The fact that the township
trustee and the physician he employed
neither of them had knowledge OF a con-
tract which the board had made with an
other physician, such contract having been
filed with the auditor but not entered in the
order books Of the commissioner court
does not make the county liable TO ply
stefan employed to visit SICK patient who
lived nearer the doctor whom the commits
sioners had hired than she did to him.
21l5 Tipton G. &. Indianapolis Natural
Gas Company ct al. vs.. Spaugh ct al. Petit
ton for rehearing oVerruled.
ZIG Upton c. G. indianapolis Natural
Gas Company ct al. VS.. Rayl ct al. Petit
ton for rehearing overruled.
pa. Washington c. G. Dennis, admins
traitor, vs.. Holsappe. Transferred to Su-
224i Noble G. c. Mitchell VS.. RingIe
Transferred to Supreme Court.
2266 Delaware c. c: The Totten & Hogg
Muncie Nail Company ct al. transferred TO
Supreme Court.
Superior Court.
Room 1--John l.. McMaster, Judge,
Samuel Rittenhouse VS.. T. H. & l. Rail
road Company; damages. jury find for
plaintiff and assess his damages at $4,000
Room 2-Lawson NJ. Harvey, Judge
Richard Sargent VS.. Salima Craig; note.
On trial by jury; jury out.
Room 3-Vinson Carter, Judge.
Alfred NJ. Ogle ct al VS. John H. Rich
ardson Ell al. foreclosure. Dismissed and
costs paid.
Lizzie Flood Rucker vs.. Jane Venable ct
al; foreclosure. Finding and judgment for
plaintiff for SALSA and costs.
FraternM Building and Loan Association
VS.. Nancy l.. Furnas; foreclosure. Finding
and judgment for plaintiff for $l,249,5S and
costs.
Anna Kissel VS. Capital City Cycling Club
note. on trial by court.
Berkshire Life Insurance Company vs..
Frederick S. Coddington. administrator, ct
al; 10 quiet title. Finding for plaintiff and
title quoted; judgment against plaintiff for
costs.
Joseph II. Pattison, guardian of minor
heirs OF c. Il. Pattson, deceased, VS. Emma
Pattison Ct al; foreclosure. Finding and
judgment for plaintiff against defendants
Emma and GeOrge Rathsam for Sl22Ul and