The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-29
THE COURT RECORD.
SuDrene Court.

1881 Zeilinski VS.. The State of Indiana.
St. Joseph G. c. Reversed. Hackney J.
repeal the provision of Section 2007, Burns's
r. S. 1894 which provides that punishment
for petit larceny may be by confinement in
1868. Beaier VS.. The State of Indiana.
Morgan c. c. Affirmed. McCabe, Z. j.
l. In a criminal case instructions given to
the jury can be brought into the record
only by a bill of exceptions. 2. In the
absence of a showing by the record to the
contrary, this court viii presume that trial
court gave the jury correct instructions
1874. Michigan Mutual Life Insurance
Company VS.. Frankel.S Hamilton c. c. Dis
missed. Jordan. il In order to effect q
term time appeal the penalty of the appeal
bond must be fixed and the surety named
and approved by the court during the term
at which the final judgment Is rendered,
and the bond must be filed within the time
directed by the court, but if circumstances
required 1t the time in which the bond is
to be filed may be extended beyond the close
of the term. 2 In a vacation appeal all
parties affected by the Judgment must be
notified as provided by Section 647 Burns's
r. s. 1894, in order to give the court juris--
diction. 3. Where conveyance of real
estate satisfies $1,000 worth of Indebtedness
against one of the grantors, in an appeal
from Judgment rendered on complaint
to set the conveyance aside, such person
has an interest in the Judgment such as to
make him necessary party to the appeal.
4. The fact that appellee does not move to
dismiss an appeal until after the submission
of the cause in this court and the filing of
his brief upon the merits of the action cam
not serve as q waiver nor bar 10 the dis
1888 Demaree VS.. Johnson. Jordan, j.
Appellee petitions for rehearng and files
motion to modify.
Appellate Court.
24Sq. G., CT g & ST; l; Railroad Company
son, c. il. In the foreclosure of a street
improvement lien the abutting property
owners and those owning lots within the
limit or LOU Ieet may be joined as defend
ants. ,. The city engineer has no power to
assess, in the first instance property sec
ondarily liable for an Improvement lien,
nor does the statute provide for a separate
assessment upon such property after the
abutting property has been exhausted but
the statute carries the balance of an as
property within the limits WITHOUT any sep
arate assessment. g. The mere fact that
abutung property owners waive any de-
fects that may have occurred in public
street improvement will not estop the own
ers of real estate in the rear of such abut-
ting property from setting up such de-
1ectS as defenSe TO the legality OF the
Improvement. L. In order to render a valid
asSessment the statute must be strictly fol-
lowed, and complaint must show that the
Common Council took such juriSdictional
steps as legally authorized ii to make the
improvement. .. Where a necessary ana ma
terial aNerment is wholly omitted from
COMPANY ~ such Gefect cannot be cured by
2279. Boyd vs. Block Coal Company. Clay
G: g Afrmed Comstoek il. The right
of action under Section T473, Burns r. s.,
1884; for the death Of a party caused by the
negligence of another, Is limited to the
beneilclarles named III the act 2. When
servant knows of the danger incident to
particular calling the law presumes that he
has taken such danger into consideration in
liking ms COMPENSATION. g. The risk miner
ds Dc Units ON entering upon the employment
OF a miner are those Only which occur aft
er the que performance BY the employer of
s .l auties which the law imposes upon
as.J. keilar VS.. Gaskill. De Kalb G. Z.
AIhThea. Biack J.--l. The conclusion OF the