The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-29
THE COURT RECORD.
COURT.

1876. Western Union Telegraph Company
VS. Ferguson. Monroe c.. c. Reversed
Baker, il. Damage are not recoverable
from a telegraph company by reason Of
failure TO deliver a message when the only
injury suffered is mental anguish. ?. Though
courts should and do extend the application
Of the rules of the common law TO the new
conditions of advancing civilization, they
may not rightfully create a new principle
unknown TO the common law, nor abrogate
a known one. II new conditions cannot
properly be met by the application OF OK
listing law, the supply Of needful new laws
is the province of the Legislature and not
practicable means by which the damages
occasioned by a negligent act that causes
only mental anguish can be assessed.
1927. Western Union Telegraph Company
VS.. Ferguson. Monroe c. c. Affirmed.
Baker, il. In Section 5512. Burns. 1884,,
the "aggrieved party" is the person whose
to receive or failed TO transmit on the
terms or in the manner prescribed by the
statute. 2. In an action brought under
Sections 5511 and 5512. Burns. 1894. it is not
necessary for the plaintiff 10 show that he
has sustained any actual damages. 3. The
giving to an aggrieved party a civil right
of action for fixed punitive damages against
telegraph companies for violation or statu-
tory duties does not deprive the school FUND
Of any of its sources of revenue. 4. The
terms "reprieves, communications and par
donS, after conviction as used in Section
II of Article 5 of the State Constitution, do
not apply to the release of judgments in
civil actions. D Telegraph companies are
required to receive and transmit dispatches
with impartiality and good faith, in the
order of time in which they are received
and without discrimination in rates or con-
ditionS of service.
1903. Inwood VS.. Smith. St. Joseph c. c..
Reversed. Jordan, il. In an appeal by a
remonstrant from an order of the County
Commissioner establishing a ditch, it is
error for the court to refuse TO allow the
remonstrant to introduce evidence in sup
port of the grounds alleged in the remon-
STRANGE before the board. The statute upon
which ditch proceedings are brought does
rot require that a person who has remon-
Strated against the petition and report or
the first viewers shall again demonstrate
against the report of the viewers in order
to raise an issue and be entitled to be
heard on appeal in the Circuit Court.
1928. National State Bank VS.. Sanford,
etc, Co. Vigo G. C. Affirmed. Hadley, j.
1. When n verdict or finding has any evil
dence in its support which, when considered
alone, is sufficient to sustain it, this court
will not disturb it. 2. When the president
OF a corporation is allowed 10 execute
notes. contracts and writings for the cor
poration and held out by the board OF
directors to be the executive officer, and
they acquiesce in all his acts, he may, by
such action of the board, be authorized to
execute mortgages upon the corporate prop
erty as effectually as if there had been a
resolution to that effect upon the minutes
of the corporation. 3. The withholding of
a valid mortgage from the public records
until il loses it's force as a preference can
OIL Itself lnJuTc no lnlIQ DtISoH, ntIlutl Cdl
the re-eXecution of such a mortgage, any
number of times, be harmful If such orig
inal and renewal executions are made IN
good faith and without any agreement or
understanding that the same shall be done.
1924. Clarke VS.. Darr. Elkhart c. G.
Reversed. Jordan, J.-When the agents Of
a foreign building association failed to file
with the clerk of the county the proper
apportionment or authority by which they
were to act as agents. and the company
afterward became insolvent and was placed
49, 80
March s. 1897 acts 1897. P. 2sD, authorizes
the receiver to bring an action against a
borrower to recover for moneys loaned and
foreclose a mortgage, receiving the pay
ment thereof.
1890. Belledin VS.. Cooley. st. Joseph c.
c. Reversed. Monks. c. il A devisee
under a will is not a competent witness
concerning matters connected with its ex-
ecution. 2. When the husband or wife of
n devisee is a witness TO a will such hus-
band or wife Is not a competent witness
TO prove the due execution of the will.
1871. State ex rel. Horne VS.. Bell. Wells
c. c. Reversed. Hadley. il. Mandamus
Is the proper remedy TO compel an officer
to perform a public duty clearly imposed
PEELED by mandate. In an action by the
proper health officers. TO require the vacci-
nation OF children before they be permitted
to attend school.
1900. Monroe vs. State ex rel. Willard.
Delaware c. G. Reversed. Bowling. j
1. The fees OF a Juror are not allowed by
the court. tnbV are merely ~ ~ DF
due. The statute fixes the per diem and
milage Of a juror and the court has no
power either to increase or diminish them.
2 If a court. after settling the number OF
DAYS served by a juror. and the distance
travelled by him. makes an allowance 70
the Juror in excess Of the fees and mileage
10 which ne is lawfully entitled. II acts
without authority and its proceedings are
void. 3. The statutory jury fee contem-
plates a calendar day of twenty-four hours.
1922. State ex rel. Barnett VS. City OF
Noblesvfle. Hamilton c. {. Affirmed.
Dowlf1r. il. At common law a municipal
cornoration has power 10 remove an Of
fcer for drunkenness or other ofenses
against his official character and duty. 9.
Where there is a pre-existing right at COM
mon law and an affirmative statute sub
seouentlv inficts q new nenaity. or gives
an additional remedy. such statute is held
10 he cumulative. and not aS scperseding
the nre-existing law. 3. The Common Coun-
oil Of any city NAV. for any orense against
character or duty of his Office. remdve
anv officer OF the CITY by a two-t1irds vote
of its members. 4 For intoxic1tion In the
business hours OF his ofice. or Tor habitual
intoxication. any person holding an Office
under the Constitution or laws or this
state shall forfeit his office. and may be
removed upon complaint by. any citizen of
tina State filed In the Circuit Court where