The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-17
THE COURT RECORD.
SUPREME COURT.

1871. p. & z. Ry Co. VS.. A, c. & S.
Ry Co. Fountain c. G. Affirmed in part and
reversed In part. Baker, i'll. Where there
is no demurrer filed to the complaint in
the trial court the complaint on appeal
will be held sufficient IL 1t states facts
sufficient to bar another action Elf a
complaint is tested by demurrer. all In
ferences and intentions are taken against
the pleader, but where a complaint is first
challenged after a Judgment has been rem
dered. all differences and intendments are
taken in favor of the pleader. and there
must be q total failure TO state some es-
sential element of right of recovery to rem
der the complaint insufficient 3. Marking
a street on a plat does not of itself create
a street, but there must be an acceptance
by the proper local authorities or by gen.
eral public user. 4. A landlord may nave an
intermeddler enjo ned from making a
permanent obstruction on his property
1882. Gallup VS.. Schmidt. Marion c. G.
Reversed. Hadley. C. il. An executor
has no authority outside of the county of
his appointment except as 1t is given him
by the court; and is ever present and Of
fcally a resident in the county during the
tendency of his trust, and Is required
without notice other than presentation to
answer to every sort of claim or demand,
wislin the juridiction OF the court, asserted
against the assets in 1is hands for admin
istration, and he is amenable to the tax
ing laws, so far as they AFFECT his trust,
in the same manner as TX his personal
residence is in the county, and although
ne may De pei Solidliy a lioilCSidCit Ods
as an officer of the court he is ever pres
ent. 2. The courts are open TO those only
who are aggrieved and a person Will not
be permitted TO assail a revenue statute
on behalf or others who are making no
complaint. 3. An assessment by a county
auditor Is only prima facie correct. re-
lief against which may be had through the
courts. 4. If a party against whose prop
erty an assessment has been made, Is at
any tim in the course of the proceeding,
before a conclusive judgment Is rendered.
afforded By law an opportunity to contest
it's correctness, he is accorded due process
of law within the meaning of the four
teenth amendment of Article 4 of Sec
ton 2 Of the federal Constitution. 5.
The right to tax property rs a sovereign
right reserved to- the Jurisdiction charged
with the duty of its protection, and the
authority of a taxing district to. require
all classes of property sheltered by IL to
pay its rateable proportion OF the expenses
of maintaining the government Is unaf-
fected by the residence OF the owner. b.
The LEGISLATURE has plenary power TO
create a tax for public revenue against
all property located in the State and to
provide the procedure for its levy and col
lection. Z. When the purpose of a statute
is 10 aid IN the collection Of public reye-
nue. IL must be literally construed. s. a
plaintiff may bring his suit as soon as
his right of action accrues, but whether
he shall proceed with IL depends upon
whether he has given the defendant such
notice as the law requires. 3. Section SoS7.
Burns r. s., 1894. is for the purpose of
furnishing a summary remedy against a
delinquent executor for failure to pay
taxes due upon the property Of his testate.
1928. Hughes VS.. Hughes. Marion c. G..
Publication ordered.
APPELLATE COURT.
300s. Creamery etc. Co. VS.. Hotsenpiller.
Randolph c. c. Reversed. Henley, jim
suits by a servant against a master grow
ing out of a negligent failure of the mas
ter TO furnish the servant safe appliances
with which 10 work knowledge Is an in
dependant element of liability which is not
| included In the general ayerments of neg
ligence or freedom from contributors
fault, and such knowledge on the part of
| the master must be ailrmatively shown by
the complaint
3ooa. Green VS.. Eden. Marion s. c. AZ
| frmed. Wiley. c. i'll. When a demurrer
is addressed to q pleading generally and