The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-15
THE COURT RECORD.
Supreme Court.

Moore. Madison s. G. kff Affirm Howard, j.
ceiyer for q foreign, building association it
will be sufficient for appointment without
notice, when it shows, together with the
affidavits, that 1t has failed.to comply with
the laws of this State. acknowledgement of
It's affairs, an appointment of a receiver for
it in its home State waste of assets, and
an irreparable loss liable to result to the
petitioner and other stockholders if re-
oeiver would not be appointed and the de-
its assets from the Jurisdiction of the court
which, it was shown, was liable to be done.
2. The mere fact that a receiver has been
appointed for a corporation in one of sew
eral States in which 1T is doing business
will not prevent a receiver from being APP
pointed in other States
1915. Island Coal Company VS.. Green
wood Sullivan c. C. Appellees petition for
rehearing. 7-ss7 74
1851. Drew vs. Town of Geneva Adams
G. c. Affirmed Jordan J+Al. The board of
trustees of incorporated towns is invested
with exclusive power and jurisdiction over
the streets, alleys and sidewalks, and is au-
thorized to superintend the grading, paw
ing, building and repairing of the streets
and sidewalks: and the statutes further in
vest the board with the power to pass an
pair or construct sidewalks. 2. An abutting
property owner has no right. without the
permission of the board Of trustees of an
incorporated town, to make permanent inn
provements in respect to its streets. and if
he insists on doing ins defiance of an or
dinance,s an action for Injunction in the
name of the corporation will lie against
fective. fsas,-a. s@g "a
1S443. Moore VS.. Hinkle Clinton C.. C. At
firmed Hackney. c. il The character of
real estate is Of controlling influence in de-
termining what acts of ownership, use or
occupancy are adverse; actual occupancy,
cultivation nor residence is necessary, and
occupancy of a part of a tract, under color
OF tltle Is constructive occupancy; of the
whole. z. 1t Is not error to- instruct the jury
that 1t is its duty to take the law from the
court. 3. Acquisition of title by adverse
possession is predicated upon the statute of
limitations. 4. Actual occupancy, cultivation
or residence upon land is not necessary if
the land is so situated as not to admit Of
any permanent useful Improvement, if the
continued claim of ownership has been evil
denced by public acts of ownership, under
claim and color of title such as would be
exercised over property claimed by the own
er In MS own right and would not exer-
else over property which he does not own.
Appellate Court.
1858. Columbia City VS.. Langohr Whit
ley c. c. Affirmed. Black. il This court
will not weigh conflicting evidence to ascer-
tain where the preponderance lies 2. In
an action against a city for personal in
Juries 1t is not error to instruct the jury
relative to the assessment of damages, that
the amount should be a full and just COM
pensation for the injury the plaintiff re-
ceived and no more, and then that no
creased pain, suffering or aggravation of
the injury caused by plaintiffs own negli-
gence or carelessness, but if plaintiff called
a reputable and reasonably competent ply
sician to treat the injury the amount of
her compensation should not be reduced
by reason of any wrong. treatment the ply
stefan may have given or administered and
if she followed his directions in her conduct
in the use of her arm and shoulder she
could not be charged with negligence or
carelessness, even If such conduct or use
were not proper and aggravated the in
jury"
2472. State ex rel Doob VS.. Bergner. Lake
G. c. Affirmed. Robinson, J.-Where a
constable took possession of chattels by vir-
tue of a writ of attachment in favor of
creditor and sold the chattels to divers
persons, and knowing the chattels We're
subject TO chattel mortgage to another
creditor, by the terms OF which mortgage
when the levy was made ii became due and
payable, such mortgage is not entitled 10
recover more than nominal damages against
the constable in an action on his bond when
il appears that he knew OF the sale in