The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-18
THE COURT RECORD,
Supreme Court.

17779. Southwell VS. McGettigan. receiver.
Marion Z. {. Reversed. Hadley, il.
When a court takes possession of the prop
erty of an insolvent corporation and APP
points a receiver, such receiver is the
medium by which the court administers the
trust for the benefit of all the creditors.
But the court receives such property i'm
pressed with all existing rights and equities
of creditors, and the relative rank of claims,
by such receivership. Every legal and
equitable lien upon the property of the cor
poration is preserved with the power of en-
forcing it. And it is the duty of receiver
to protect valid preferences and prioritieS
of the creditors, and see that each has an
equal opportunity to enforce his claim. ?
The right of a receiver TO bring an action
TO cancel a mortgage upon the trust prop
erty depends upon the right of the creditors
represented by him to unite in bringing the
suit if no receiver had been appointed. 3. A
receiver, while acting for a court, must act
impartially, and not sequester the security
of one creditor for the benefit of others who
have no equity 4. A receiver cannot main
tain an action that shows upon its face the
relief sought will place the creditors having
equity in a worse condition, and the
creditors having no equity in better con-
dition than they occupied before his APP
pointment.
1859 Graham VS. Russell. Daviess C. c.
Affirmed. Jordan, il. A county auditor
can maintain an action for the purpose Of
estate TO enable him to recover for taxes
due the State but omitted from taxation by
the decedent in his lifetime. 2. Taxes are
against decedent's estate. g. A county
auditor has no authority to attend a final
settlement of a decedent's estate on behalf
of the State, nor can he be legally sum-
moned by the administrator or executor to
attend the hearing upon final settlement
and his presence at such hearing cannot
bind the State.
Appellate Court.
1869. Dull VS.. c., c., C. & st. L. Railway
Company Delaware c. c. Affirmed. Wiley,
il. An act to be willfully done must be
with a purpose or design. 3 Where a child
seven years old stands on a railroad track
in view of approaching danger from rail-
road train she is guilty of negligence. al
though this railroad company was grossly
negligent in running it's approaching train
at a greater rate of speed than allowed by
city ordinance While passing through such
city; the child being at the time SUI J9ris.
8. Where a child fully understood the dam
ger and peril incident to her standing upon
a railroad track and she voluntarily stood
thereon while train approaches and was
by reason thereof killed she was guilty OF
contributory negligence.
2744. Brewing Company VS.. Jergens. Lake
S. G. Affirmed. Henley, il. The mere
fact that party has a meritorous defense
to an action at law will not be sufficient
as an excuse 10 set aside default IN the
action. ?. Where q defendant never APP
pears in court in the cause 1t is proper for
plaintiff to have him defaulted. 3. When
the issues are not made up defendant has
no right to rely upon a statement or the
clerk that it will not be necessary for him
to appear or take any steps in the cause
until the day 1T is set for trial.
2722. Watts VS. Board of Commissioners.
Gibson c. C. Reversed. Black, G. J.-Where
a proceeding for the construction of dram
was begun under Section 43l7 c. ct seq.
Horners r. S., 1897 being act of March
T. 1891, and the board of commissioners hay
ing caused the viewers and engineer to
make the preliminary view, and found from
their report in favor of making the i'm
provement and caused them to proceed 10
survey the line, locate the drain, etc" ana
after the filing of their final report and be-
hearing thereon proceedings
We're perpetually enjoined Held, that the
engineer was entitled to the compensation
2755. Ellis vs.. Steuben County. Steuben c.
c. Transferred to Supreme Court.
So51. Chicago & Southeastern n, Railway
dismiss. Appeal overruled.
Superior Court.
Room John l.. McMaster, Judge.
John II. Sawyer VS. Frank A. Pickerell;
note and mortgage. Finding and judgment
for plaintiff against defendant for S6D.37 and
costs Foreclosure and sale ordered;
William f. Leach vs.. Robert Mcbride ct
AL; on contract. Plaintiff dismisses. Judg-
ment against plaintiff for costs.
Edward ID. Fountain vs.. James w.
Vaughn; note. Finding and judgment for
plaintiff against defendant for $lS6.62 and
Kruth &. I.acock VS.. Abraham l. Hoover
ct al; mechanics hen Dismissed and costs
paid
Room FLAMES NJ. Leathers, Judge.
John w. JusIuS w: flord a; Justus' VI
vorce. Plaintiff dismisses at his costs
Jefferon H. Montgomery ct al. VS.. William
J. Roach; commission. Submitted TO court.
Lewis Baum vs.. Sherman Mott; appeal
from justice of peace court. Dismissed at
plaintiffs costs.
Sarah II. Campbell VS.. Katherine Cal
lagher; Islander. Dismissed and costs paid.
Room S--Vinson Carter. Judge.
Robert Thomas VS.. City of indianapolis;
appeal Finding for defendant. Judgment
against plaintiff for costs.
Nick Kerr VS.. William Porter ct al. APP
peal. On trial by court
Circuit Court.
Henry Clay Allen. Judge.
Frederick Rennegarbe naturalized.
on motion of t. NJ Ingler Samuel S.
Beggs Is admitted to the bar.
Grlnsteiner Bros. vs.. Elizabeth NJ. Weile-