The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-27
THE COURT
SUPREME COURT.

1929. Board of Commissioners VS.. Gard
ner. Perry c. c. Reversed. Bowling. il.
A board of county commissioners mcy en-
ploy an acting deputy treasurer as an ex-
pert accountant to assist in an examina-
ton of the books, papers and records OF
the offices Of auditor and treasurer for
the purpose Of ascertaining whether there
is any money due the county from such
source. 2. The mere fact that there has
been an examination of public officers
under the authority of the attorney gen.
eral will not preclude the Board of County
Commissioners from making one. 3. In hir-
ing experts to do such work the board has
a right to determine what is a reason
able compensation for the work required.
4. When the current revenues of a county
are sufficient to fully pay the current ex-
penses necessarily incurred to maintain
corporate life there cannot be said to be
any debt, and when the current revenues
are sufficient to defray all current expenses
without increasing the indebtedness there
is no corporate debt incurred for such ex-
penseS.
1883. In re. Paskins, Trustee. Marion c..
c. Dismissed. Baker. c. Jan accusation
under Section IS Of the act of March s,
1891, entitled "An act providing for the
impeachment and removal from office of
public officers must be presented to the
court and prosecuted by the prosecuting
attorney (unless he be the accused) in the
name and on behalf of the State, as the
State is the party adverse to the accused.
1921. Crawford VS.. State Of Indiana. Lake
c. c. Affirmed. Monks, III. The attorney
general, or by his deputies and assistants,
is authorized to demand and recover from
justices of the peace fines assessed in GRIM
inal prosecutions which they have received
and hold in their official capacity and have
failed to pay over to the county treasur-
er as required by law. 2. Courts will not
take judicial notice of the official character
of the deputies or assistants of the attor-
ney general. 3. 1t is the duty of the attor-
ney general to compel the payment by JUS
tees of the peace of all fines received by
them in their official capacity which they
have failed, neglected or refused TO pay
over to the proper county treasurer, as re-
quired by law. 4. In an indictment against
a justice of the peace under Section 1920,
Burns's Revised Statutes, 1894. IL is not nee
essary to negative the exception In the
statute that the justice of peace is not
required to make his report If the fines
collected shall not exceed three times the
mileage he would be entitled TO draw from
the count 5. Where the assignment that
the court erred in giving or refusing 10
give certain instructions is joint all the
Instructions given must be erroneous
and all refused must be correct to make
the assignment available. 6. TIL statute
does not fix the number of deputies the
attorney general may have. but his right
TO discharge his official duties by deputy is
recognized by the statute. z. In an indict-
ment for embezzling money Ii is sufficient
to describe the money "as money with
out specifying n particular coin, note.
bill or currency.
1876. State ex rel. Repp VS.. Cox. Orig
inal action. Demurrer TO respondents an
swer and return overruled.
APPELLATE COURT.
302s. Baltes, etc. Company VS.. Sutton.
Blackboard c. c. Reversed. Robinson. c.
il Parties may agree In the purchase
and sale Of real estate that In the event
OF certain conditions preventing the con-
tract OF purchase may become a lease.
2. Where an action is brought upon a
note. one not liable ON the note is en-
titled TO judgment on demurrer.
306i. Bierly VS.. Royse. Washington c..
G Affirmed. Wiley. il Section 72ss.
r. S. 1894. does not declare anything. but
merely provides a manner of enforcing n
common law lien and the enforcement can
only take place by a compliance With the
statute. 2. Surrender of possession of
property valves the right TO assert a lien
under such statute.
1922. Home Insurance Company VS.. Syl-
~vester- Madison s. c. Affirmed. Wiley.
il II an insurance company has been
notified OF a less under a policy issued by
IL, and denies liability and refuses TO pay.
such action valves proof or loss by the