The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-27
THE COURT RECORD.
Appellate Court.

2531 Clark School Township vs.. Grossius.
gerry c. c Affirmed. Comstock, J.
of schoolroom. and it is not necessary for
g township trustee to procure an order
from the Board of Commissioners author
lzing him TO contract debt for such ar
ticles, and to give the twenty days notice
of his application for such authority to said
board, but such debt is an ordinary one,
and Sections COOS and 60O7 Horner's r. s
1897, and Sections SOS1 and S0S2 Burns's r. S.
1924, do not apply as defense to an action
243O. Spencer VS.. Mclean. White C. c..
Afhrmed. Robinson, J.-Where a person, a
stockholder in corporation, executed a
bond to persons who were to become
sureties for money borrowed by the corpo-
ration to enable it to carry on it's business,
the said suree o and the Goldman M Wong
not be liable for any money paid by the
sureties prior to the execution of the bond,
and the liability on the bond is in PROPORTION
to the amount paid by the sureties as the
stock then owned by the bondsmen bore to
the whole capital stock, when so provided
1886 Clapp VS.. Allen. Jennings C. c..
Affirmed. Black, il. Where, after an APP
peal Is taken. one of the appellees dies. an
served on the administrator, when more
than one year after taking the judgment
and appeal, will not be sustained. 2 Where
a defendant is made q party to answer, his
interest in the note in suit and no relief
sought against him by any other party and
Judgment is rendered against co-defendants,
the latter can appeal from the judgment of
the court without serving notice on the for
pler or his representatives g. Where a
party takes possession of property sold to
him, and enjoys the same as its owner SELL
ing part of 1T and never offering to return
him, he cannot assert the invalidity of the
sale ts to Nm to avoid purchase price,
of court. provided that applications for
change of venue should be made by GER
tain day in the term, the rule does not ex-
that day. 2. In an action for breach of
marriage contract there must be "a a
marry the plaintiff, 80 a readiness and will
ingneSs on the part of the plaintiff to mar
ry defendant 8. There must be refusal to
marry or reputation in some way of the
contract before such action will lie; a mere
request for postponement of the marriage
ceremony for an expressed and reasonable
cause does not in law, amount to a repu-
diation or Pronunciation of the contract
2559. Dickey VS.. Kalfsbeck; White G. c.
Affirmed. Henley, Z. il. Section 5118 r.
s. 1881 makes married women liable upon
their covenants of warranty in conyeyances
of their separate real estate, and 1t is not
necessary in complaint against married
women to enforce such liability to plead the
statute or allege that the land conveyed
was her property If. in fact, the land con-
veyed was not the separate property of the
married woman sought to be made liable
upon her warranty her coverture is a de-
sonal defenses. and where such defense is
pleaded the plaintiff must rely upon the
facts winch show that the contract sued
upon was one upon which she would be
bound.
1851 Paxton vs.. vincennes Manufactur-
Ing company. Sullivan G. C.. Affirmed
Black, il. Where a bank takes charge of
property and disposes of the same to pay
an Indebtedness to It, the latter is response
bic 10 the owner of the property for the
oyerplus after the debt IS discharged. 2.
The pending of prior action is not ground
Tor abatement IL not between the same par
is pleaded.
:, I6s Commercial Club VS.. Hilliker. Ham
ltoh =. =. Reversed. Henley, il In an
actlon Tor death or wrongful act. the cues
Lon y one solely of pecuniary loss Dam
a8es Tor the bereavement. for pain, or by