The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-25
THE DUB RECORD.
Supreme Court.

1861. Yorn VS.. Bracken. Clinton c. c. At
frmed. Monks. i'll: When the trial court
not presented to said court is available on
appeal, except jurisdiction over the sub
ject of action. and whether the complaint
states facts sufficient to constitute a cause
Of action. 2. When the trial court has Jur-
isdiction over the person of a defendant
and the subject of the action the validity
of the judgment cannot be questioned for
the first time Or appeal. j. A demurrer
for want of facts is filed before judgment
and raises no question as to the judgment,
its validity or form: and, If the Complaint
relief prayed for against the party de-
murring, must be overruled. 4. If the plain
relief prayed for upon the theory Of his
case. then the complaint is sufficient to
withstand a demurrer or ASSIGNMENT OF
sufficient to constitute a cause Of action.
Appellate Court.
1855. State ex rel. Fisher VS.. Carey. Ham
ilton c. C.. Affirmed. Comstock, c.. il. 1t
is not error TO give an instruction applicable
to some evidence If there is such evidence
however unsatisfactory it may be. 2. In a
suit for bastardy it is NOT improper to tell
Is interested in the result OF the suit which
they may take into consideration as af-
fecting her credibility.
2s13. Miller VS.. Stevenson. Carroll c. c.
Affirmed. Wiley, il. The first paragraph
of complaint in this cause upon the au-
thority of Cannon VS.. Castleman, decided
this term, is sufficient to Withstand a de-
murrrer. 2. Where a broker is employed
to find a purchaser for property and
through his efforts the owner and purchas-
er are brought together and a sale or an
exchange OF the property is affected by the
parties in interest the broker is entitled
to his commission. 3. In an action by a
broker for commission in selling a stock of
goods the seller after the sale has been
made cannot deny his liability upon the
ground that he intended the contract for
sale to apply to another stock of goods
when SIRh intentions were InniSPf0Gad To
the broker at the time his contract for
employment was made. 4. Instructions must
be construed together and when so con-
strued if the jury is not misled the judg-
ment will not be reversed upon the instruc-
tons. 3. Where 1T appears that the YER
will not reverse a judgment from the mere
fact that an instruction when standing
alone cannot be approved: 8. The failure of
a jury to find material facts in a special
finding or verdict is not cause for a venire
de novo.
1928. Davis VS.. O'Bryant. Madison c. c.
Affirmed. Robinson. il. In an action upon
signed the bond is sufficient to Withstand
a demurrer for want OF facts although a
third obligor is named In the bond; the fact
that a part of the persons named executed
the obligation and part did not. Is not
ground for demurrer for want of facts, but
must be pleaded as a defense: 2. II a bond
contains the names Of other obligors and is
delivered without the signature OF all, the
obligor must inquire whether those who have
SiSHeu consent 10 us uenNery Wllhout me
signature of the others. In such cases the
party signing may question the delivery.
But If there is nothing on the face OF the
instrument or otherwise 10 indicate that
Others are TO sign IL and il Is accepted
on the faith of appearances without notice
that ii is not 10 be delivered in its then
shape, the party signing cannot question
the validity of the delivery. 3. IL a surety
signs a bond which Is to be signed by an
other whose name appears in the bond as
co-obligor. and the bond is delivered with
out such other person having signed " and
without the consent of the one who signed
IL, the delivery is a nullity and such party
Is not bound. 4. Questions OF fact deter
mined by the trial court cannot be weighed
on appeal.
Superior Court.
Room 3-vinson Carter. Judge.
William +. Miller ct al. VS.. John West ct
al. mechanics lien. On trial by court
lnolana Society for Savings vs.. Mamie b.
wilson ct al: foreclosure JUDGMENT on