The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-11

in his own name. and generally To do such
acts respecting the property as the Judge
or court may authorize. 3. Where the COM
plant does not disclose another person
who should be made a party defendant no
question is presented by a demurrer on &C
count of defect OF parties. 8. All specihca-
tons OF negligence and misconduct or a
board of directors of "A bank in the man
agement thereof belong TO "A single class.
and an action therefor is for a breach OF
trust and arises ex delicto. Z. MisJoinder
OF parties il not a ground of demurrer
). If the property Of a bank Is lost or
Squandered by reason of the gross negll-
gence OF the directors an. injury rs done
TO the corporation, for which the directors
are responsible TO the bank, and an action
for the damages resulting from such negll-
gence may be maintained by the receiver,
although the amount sought 10 be re-
covered may not be required to pay the
debts of the bank. 9. Where it is alleged
that a complaint il too general TO require
an answer the remedy Is by motion 10
make more certain. and not by demurrer.
~. The directors of a bank voluntarily as
sumo the duties imposed upon them by the
statute and are bound to perform them
II. The supervision Of directors. over a
tank should be such as Will enable them
at all times to know its general fnan-
cial condition, and to check or prevent
imprudent or dishonest conduct by the
president or cashier. l.. Such directors are
bound to know the amount and value of the
PAPER ana securities held by the Ddnh-
and also to know the character and habits
OF the men they place and keep in charge
OF the bank as its president and cashier.
IS. Available error cannot be predicated
on a ruling of the court in refusing TO sus-
tain a motion to strike out. IA. In an
action against directors for misconduct
the various specifications thereof may be
properly combined in a single paragraph:
10. Where assets are transferred for an old
bank retiring from business to a new
bank for payment of stock the latter can
no l. urErr1N - fnsa 80 fh1
such assets shall be applied in the dis
charge of all legal claims against the old
bank, and the retention and use OF the
property by the new bank and its receiver
will not constitute a bar to an action by
The receiver against the directors for neg
llgence in accepting it i'm payment of SUP
scriptiOns for the stock Of the bank.
10. Pleadings stricken out on motion should
be brought into the record by bill of OK
ceptiOns TO present any error in the courts
ruling.
1916. Ellis VS.. City Of Hammond. Lake
S. G.. Affirmed. Jordan, il. Where an
attorney in a cause has knowledge of al
jury room celebrating the objection should
be made at the earliest opportunity.
2. Where a person is taken by surprise on
account of the testimony Of his own wit
ness h should. in the first instance, either
move for a continuance or TO have the
submission set aside and the cause with
drawn from the jury or the court. as the
case may be >. Where newly discovered
evidence will have no tendency to produce
a hiding or verdic- in favor of the party
producing il a new trial VIII not be granted
on account of such evidence.
1851. King VS.. Wright. Floyd c. g.
Transferred TO Circuit Court.
Minute
1868. Joseph ID. Keith VS.. State of In
diana. Gibson G. c. Appellants petition
for certiOrari.
APPELLATE COURT.
1892. Mooney VS.. United States, etc, Com
pany. Bartholomew G. &. Reversed. Roby.
a guarantee OF circulation is
made a condition i'm a publication contract.
in order for the publisher TO recover there
on he is bound to show that the publication
was made as stipulated.
3754. Jack VS.. Richard. Marshall C. c.
Reversed, Robinson, il. A judgment rem
Gered where the court has not jurisdic-
ton of the parties or the subject matter
of the action is void and binds no one.
=. Under the act of March 6. 1888, and the
act of 1881, the prosecuting attorney could
only bring an action To foreclose a tax
lien on such lands as had previously been
offered for sale and remained unsold for
want of bidders.
1912. Schaeffer VS.. Rominger. Barthol-
omew G. G. Affirmed. Wiley, p. il. In
structiOns not properly in the record cam
not be considered for any purpose. .. Only
such papers and entries as are designated
IN a praecipe therefor are properly a part
Of the record on appeal. 3. instructions
must be properly authenticated to be con-
Sidered on appeal.
S7SS. p, c.. c. & st. L Railway Com
panN VS.. GrebS. Porter Z. {. Aff1rmed
per cuTiam. No opinion.
2917. Hanover. etc. Insurance Company
VS.. Johnson. Delaware c. c. Motion to tax
surety fee Overruled.
$500. Alden rs. Blum. Allen S. c. Petit
ton for rehearing overruled.
379S. F'ordice vs.. Lloyd. Pike c. G. Peti-
ton for rehearing overruled.
1899. City of Greensburg VS.. ZOller. De-
catur c.. c. Petition for rehearing over
ruled.
1914. McTlwain. etc, Company VS.. Wall.
Upton c. c.. Petition for time to file brief
overruled.
1884. Gardner VS.. Gardner. Noble c..
c. Petition to file brief denied.
1853. Renard US. Grande. Marion c. G..
Leave granted to file brief.
S6SS. SOules vs.. Robinson. Clay c. c.
Petition filed for transfer.
Minutes
S'25. Postal Telegraph Cable Company
W. /. & L.. Ry. Co. ct al. Lake C.. c. APP
pellants additional authorities 90
4l7O: Citizens, Street-railroad Company
vs.. John 5. Jolly. Hamilton C. G. APP
pellee's request for time to file brief.
36SS. James SOules, guardian, VS.. Fred
erick j. 5. Robinson. Clay c. c. Appellee's
application for transfer to Supreme Court.