The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-19
THE COURT RECORD.
SUPREME COURT.

| transtory actions, objections to the juris-
diction of the court over the person Of the
defendant may be waived, and unless such
| objections are made promptly and without
delay a waiver will be presumed. A full
appearance to the action Tor any purpose,
other than to present such objection by
| way of motion or plea, operates as a waiver
| Of the objection and confirms the jurisdic-
| ton of the court over the defendant. 3.
Jurisdiction of the person once lawfully &C
| quired continues through all subsequent
proceedings in the cause. f. 1t is indis-
| pensably necessary to the exercise of the
| supervisory authority Of the State over rail-
road corporations created by II. and own
! ing property and enjoying corporate fran
chises within its territory, that every such
corporation should be regarded as having
| domicile place of residence within the
| State for the purposes of juris iiction, liti-
| cation affecting its rights and duties. and
the taxation of Its personal property. 5.
When questions arise touching the location
| or such domicile or residence, for the pur-
pose of determining the same, resort may
| be had to those principles which are ap-
piled in the case Of natural persons. g. The
/ State which creates a corporation has the
! right at all times TO inquire through the
| courts into abuses of its franchises by a
| body polite, and in case of nonuser or mis-
| user, by the same medium to impose the
penalty of forfeiture according to the
| course of the common laws, or In pursuance
/ to statutes applicable to such cases. z. A
| domestic corporation Is bound to maintain
| a place Of residence at which the sovereign
| may call upon 1t to show why its
| franchises should not be seized, and the
| corporation dissolved, and where DISPOSE
| ton is manifested to neglect evade this
| obligation or the management of the cor
| porate business is of such character as to
| render the location of such residence doubt
| full. the courts will not nicely weigh the
| evidence when compelled to determine
which one of several counties into which
or through which the railroad passes, is
the legal domicile OF the corporation I'm
der such circumstances the corporation
| should not be permitted to take advantage
of the uncertainty created by its own acts;
| a slight preponderance Of evidence is suf-
| fcient to give jurisdiction. s. The act of
| 1865, Burnss, 1894, Sections 5209-5215, relat-
ing to the leasing of railroads. applies to in
| tersecting and continuous lines only, and
| such as have not been equipped and op-
| Grated in whole or in part. 9. A forfeiture
| Of corporate existence and franchises may
| result, although no statute in express terms
enjoins or prohibits the acts or omissions
| complained of. 10. Misuser and nonuser
| of corporate franchises sufficient
grounds for proceedings for forfeiture and
dissolution. H. Public policy forbids the
| leasing and abandonment of an equipped
| railroad, owned by a domestic corporation,
to another competing railroad. IL. Where
an action is brought by the State of In
diana on the relation of prosecuting at
torney on a change of venue there needs be
no change of the relator. 49, The statute
of limitations as applied In civil actions do
| not apply TO the State, nor, as a general
rule. is it's right of action lost by laches
upon the part of its officers.
1884 Turner VS.. Illinois Steel Co. Lake
c. c. Affirmed. Baker. il. Where the
question involved depends upon the evil
dence, and there is some evidence to sus-
tain the judgment of the court, the cause
will not be reversed 2. Where a written
| instrument on it's face is no evidence of an
obligation of party as principal, parol
evidence may be introduced for the purpose
of Identifying the party as the undisclosed
principal. a -
| Minutes
rr,--
Commissioners Decatur County VS.. Thomas
II. Stevenson. Decatur c. c. Petition to
advance: Waiver Of notice filed.
@ William Sest s state sn, of In hris
60 filed.
1885. John G. schaeiler VS.. Julius c.
Rominger. Bartholomew C. c. Appellee's
motion. Appellee's motion and affdavit
for certeriorari and brief on motion.
APPELLATE COURT.
31o9 The La Toilette Coal Co. VS.. Whit
Ing, ETC., Co. Boone c. c. Reversed.
payment and notice Of nonpayment of a
note are not waived in the note by the
maker or indorser. failure to give notice
of nonpayment to the fndorser is equivalent
to a discharge.
31H Nixon VS.. Calvert. Fountain c. c..
Affirmed. Robinson, il. debtor has
the right to direct the application of pay
ments made. and II he omits to direct such
| application the creditor may apply the pay
ments to such debts due him as he chooses,
and he may apply the payments to the debt
| with the least security unless equity re-
| quires a different appropriation; but after
a controversy has arisen concerning pay
ments, creditor cannot, at his discretion,
| appropriate payments, but the court will
make such appropriation as equity requires
In such cases the intention of the debtor
| will govern, and such intention may be
shown by acts or circumstances q If par
ties agree as to the manner of appropriate
ing payments, such agreement must be OBJ
served unless some controlling equity has
| interviewed.
| Affirmed. Wiley, il. Interrogatories pro-
| pounded to jury should call for facts
which are within the issues. 2. Where an
attorney acts for both parties in a trans
action he may testify as to conversation
between himself and one of the parties re-
lating to the matter involved.
| 2199. Chicago, /. & l.. Ry. Co. VS.. Mccoy.
Benton c. c. Petition for rehearing over
| ruled.
1926. international, etc.. Assn. VS.. Brat
ton. Boone C. C. Petition for rehearing
overruled.
Minutes
3i61. The Bates Land, Stone and Oil Com
pany VS.. Ira B. Spaulding. Blackford G.
c.. Praecipe. Notice.
1852. The Baltes Land, Stone and Oil
Company VS.. James M Sutton ct al.
Blackford c. c. Praecipe. Notice. Prae-
cipe. Notice to co-parties.
SUPERIOR COURT
Room 1-John L. McMaster, Judge.
vernung p. Evans VS.. Louise Closer;
damages. Judgment on verdict for plaintiff
| against defendant for $22.05. Judgment
| against plaintiff for costs.
Peter Kritzer VS.. Albin Bawman; me-
chanics lien. Finding and judgment for
plaintiff against defendant for $3.50. Decree
| of foreclosure and order of sale.
Northeast Savings and Loan Association
, | VS.. Sarah Roberts; foreclosure. Finding and
| Judgment for plaintiff against defendant
for s61924 and costs. Decree of foreclosure
and order of sale.
Indianapolis Plumbing Company VS.. B
N Smith ct al. mechanics lien. Dismissed
, and costs paid.
Room FLAMES NJ. feathers, Judge.
Martha s. Scott ct al. VS.. Mrs. NJ R.
Starr ct al; quiet title. Finding that plain
tiff is entitled to have title Quieted. Judg.
, ment against plaintiff for costs.
Henry Severen VS. Buschman ct al; note
Defendants defaulted. Finding and judg.
ment against defendants for $5,090.95, with
; out relief, and costs.
, Thomas Bond Louis NJ. Field NAL
} practice. Dismissed at plaintiffs costs
+. J. Van Vorhis VS. Augusta Cords
note. Finding and judgment against de-
PENDANT for s421. without relief. and costs.
Geo. w. Taylor VS.. c., c., G. & st. l.
Railway Company; damages. Dismissed fol-
want of prosecution.
)t State Bank of Indiana W.. Chas Reynoldl