The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-30
THE COURT RECORD.
Supreme Court.

1S417 Powell VS.. City of Greensburg. De-
catur c. c.. Affirmed. Jordan, il. In an
appeal to the Circuit Court from proceed
tngs of the Common Council Of city under
Section 1851, Burnss r. s.. 1894, for the pur
pose of extending a street under the pro-
visions of said section by Section 3643, r. s.,
1894, the appellants are required to speciti-
cally state in writing their objections TO the
proceedings of the Common Council, and no
other questions shall be tried or heard, eX-
cept such as are with certainty to i COM
mon intent presented in such written state
ment. 2. And when the appellant demurs for
want of jurisdiction, which, if apparent on
the face of the transcript, he should in his
demurrer state specifically wherein it ex
lists, and if such question depends upon
proceedings such fact should be spe-
officially alleged by way of answer. 3.
The thirty days notice by publication
for the annexation of territory to a city as
required by Section 1863. Burnss r. S., 1894,
is not involved by reason of the name of the
owner not being correctly inserted in the
notice in addition to the description of the
real estate. The name of the owner is not
required.
Rs S1S3 M MaTbnS affirmed vs. MNnts
Il. The security being the mere incident of
the indebtedness, an assignment of the debt
passes the title in the pledge to the assignee
of the debt, unless the parties agree other
wise. 2. The renewal of note secured
by collateral will not affect the right of
lien against such collateral. 3. The Sc
curities pledged for d debt follow it
in equity, no matter how the debt be
modified or into whose hands il may come.
Until the pledge is paid the pledge accom-
panies it, and remains for its repayment
and is available to all who may acquire
title thereto. 4. Fraud is question of fact,
and when essential to a cause of action or
defense thereto it must be found as fact
and rot left to be inferred as a matter of
law.
1883 Magee VS. Overshiner. Howard C.
C. Affirmed Hackney, il. The public
easement in a street or highway is not linn
Tod fbn Drfi 1l11s maj de nf in
vogue when the easement acquired, but
includes all new and improved methods, the
utility and general convenience Of which
oped in aid of the general purpose for
which highways are designed. And 1t is
not material that the new and improved
methods Of use We're not contemplated by
the owners of the land when the easement
was acquired and are more onerouS to him
than those then in use. 2. The reasonable
use of the streets Of a city for the equip
ment of telephone system is not new and
additional servitude for which the abutting
property owner is entitled to compensation.
s. An individual may conduct any proper
business without legislative assent, unless
there has been some legislative restrictions
1923. Coburn VS. Sands Marion s. C. Pc
tition for rehearing oVerruled.
Appellate Court.
1884 Palmer VS. Miller Boone c. c. Re-
Versed. Robinson. G. il. Where a court
reporter furnished long-hand copies of the
evidence introduced at the trial of cause
to a party in the cause for his benefit, and
such copies were used in his presence and
under such circumstances as amount to his
knowledge and consent. the law implies a
promise upon his part to pay for such copies
what they are reasonably worth. 2. Where
a complaint AYERS an express promise to
pay for services recovery may be had
upon proof of an implied promise.
1850. Maud VS. Patterson Vigo c. G. At
frmed. Henley, il An exhibit filed with
a complaint does not control or affect the
complaint or aid II in any manner unless
he founded z
made a part thereof. 2 An award will be
deemed declared and published as soon as
the arbitrator has declared his first decision
comes functus offieio and can no longer
change it.
1886. Board of Commissioners VS.. Trotter.
Hendricks c. c. Affirmed Black. j.
l. When the assignment of error Is that
the court erred III sustaining the demurrer