The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-26
THE COURT RECORD.
Supreme Court.


1907 Abbtt VS.. l.. E. & w. r. r. Co.
Marion S. c. Affirmed. Jordan, il. An
instruction to the jury is not only required
to state correct legal principles, but it
should so state them that the jury may be
able to apply them to the particular to
which they are germane. e. 1t is usurps ton
of the functions of the jurors for the court
to tell them what differences or conclusions
they ought to draw from given fact or
series of facts
1883. Paul VS.. Town of Walkerton. ST
Joseph c. c.. Reversed. Monks, il. In a
proceedings before the county commission
ers under Sections 1926 and 4427 Burns's r.
5. 1894, to annex territory to a town, the
petition therefor is sufficient when it shows
that many persons in the territory have
been receiving the benefits and advantages
of the town without bearing their share of
it's burdens, and that public interests re-
quire that said territory be annexed and
that it is just and equitable and for public
good that the petition be granted. 2. The
power to hear and determine applications
for the annexation of contiguous unplatted
territory to towns and cities is vested in
the boards of commissioners and in the
courts on appeal from the boards, and on
appeal the case IS tried de novo, and in
trying such case where the remonstrator
appeals unless the petitioner introduces
some evidence in support of the annexation
it is error for the court to direct the jury
1889, George VS.. Town of Walkerton. ST
Joseph C. c. Reversed. Monks. J.-This
case is reversed on the authority of No
1883. Paul VS.. Appellee.
Walkerton. st. Joseph C. C. Reversed
Monks. J.-This case is recovered on the
authority OF No 1883, Paul VS.. Appellee.
1885. Bank of Commerce VS.. First Ma
tional Bank. Vanderburg S. Q. Affirmed
Hackney, c. J.-Where a creditor takes
mortgage on property. it then being APP
parent that all prior liens be fully paid
from other property covered by them, the
right to require such payment will con-
tinue and be protected as against such prior
liens.
1858. Travellers Insurance Company VS.
Kent. White c. c. Affirmed Howard. j
Property owned by one person and used
by another for educational purposes is sub
ject to taxation.
Appellate Court.
24T0 Kothe VS.. Krag- Reynolds Company
Hancock c. c. Reversed. Wiley IA per-
son who is stockholder and secretary of a
corporation is incompetent to take and GER
tify the acknowledgment of mortgage or
other instrument which inures to the benefit
of such corporation. and the recordatio of
an instrument so acknowledged is not notice
to subsequent lien holders.
PASS. Center School Township VS. West
Indianapolis Marion s. c. Dismissed
Wiley, i'll. Before the Appellate Court can
determine the sufficiency of a pleading such
pleading must be brought before 1t for re-
view in the manner prescribed by law and
the rules of practice. 2. Affidavits that
part of the pleadings of a case are lost will
not answer a substitute for the pleading.
2471 Hill VS.. Warner. Howard c. C. Re
yersed. Robinson, i'll. The mere fact that
q third party agrees with payor of an
Indebtedness TO pay the same will release
with the payee to the same effect. 2. Nova