The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-11
THE COURT RECORD.


1916 State of Indiana VS.. Ohio Oil Com
pany. Madison C. c. Reversed. McCabe, j.
Il. The State has right to sue in its own
courts, Both in its sovereign capacity and
by virtue of its corporate rights. 2. The
title to natural gas does not vest in any
private owner until it is reduced to actual
possession. 8. Sections 2316-231S, Burnss r.
s., 1894 (Acts 1891, p SO; Acts 1893, p. 5000,
which make the waste of natural gas un-
lawful, is not in violation or the Constitu-
ton as an unwarranted interfering with
private property. 4. The evil recited in a
preamble to a legislative act is but the
motive for the legislation and a wider
scone NAV he given nv fhe whole act than
is expressed in the preamble. 5. Acts which
interfere with the enjoyment of life and
the property OF the citizens and with the
welfare of the State at large, may be en-
Joined, Notwithstanding the fact that a
penalty is provided by. statute for the COM
mission of such acts. 6. The owner of prop
erty must so use his own property as not
to injure others.
1924 Heady VS.. Brown. Sullivan C. C.
Affirmed Hackney, il. Upon the volun-
tary conveyance by father to son the pre-
sumption arises that such conveyances
were made as Announcements; this, however,
is rebuttable and the presumption is con-
trolled by the intention Of the grantor. 2
1t is not the duty of the court to volunteer
a ruling upon the sufficiency of connecting
dence must be raised by the complaining
party by motion to strike out"
1923 School Township vs.. Irwin. Henry
Q. G. Affirmed. Jordan, 1.-THE fraud
which vitiates a judgment must arise out
of the acts of the prevailing party, by
which his adversary has been prevented
from presenting the merits of his side of
the case. or by which the jurisdiction of
the court has been imposed upon. 2. Notice
to a township trustee in his official capac-
ity is notice to the township.
Appellate Court.
1852. McFadden We. Paine Shelby c. c.
Dismissed. Comstock, J.-This court has no
jurisdiction of q cause OF action on &C
count, originating before a justice of the
peace in which the amount in controversy,
exclusive of interest and costs, does not
exceed $50, and for the purpose OF determine
ing the amount in controversy the court
is not limited alone to the prayer of the
complaint, but it must be determined from
the entire record and from the material
facts of the pleading and the evidence in
the case.
2413. Wabash Railroad Company VS. Ache
A laborer who constructs a well upon the
right of way of a railroad is entitled to a
lien against the company for the services
rendered.
2372 Teutonia Building Company vs. Tur-
rell. Marion S. c. Affirmed. Robinson G.
il. In a suit on attachment where the
affidavit is made in another State it must
he verified as provided by Section 49, r.
s., 1894. 2. Where the caption of an affi-
davit represents a county IN the State of
Indiana and the seal of the notary shows
that the latter was nonresident II VIII
be presumed that the affidavit was made
in the State indicated by the seal g. Where
the aff1dayits in an attachment proceeding
are insufficient no subsequent proceedings
based upon such affidavits can be had.
1885, Diebold VS.. Sharpe. ALLEN G. c. At
f1rmed. Black, jim order to recover in
causing the death of party 1t must APP
pear that the plaintiff had some pecuniary
interest in the decedent and thus suffered
loss by his death.
Mandate modified per curiam. Where a
judgment Is affirmed on condition OF APP