The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-24
HIGHER COURTS RECORD.
SUPREME COURT.

1854: Todd VS.. Oglesby. Upton c. c. Re-
versed. Hadley, il Where a person be-
comes the owner Of mortgaged real estate
and redeems from a sheriffs sale. on
foreclosure of the mortgage for less than
the mortgage debt, his redemption re-es-
tablishes the lien and operation of the
remains unpaid. and the property may be
resold TO pay the same. 2. A grantee of
real estate who agrees and assumes to pay
on an encumbrance on the land, as part
OF the purchase price. thereby becomes to
the lien creditor primarily responsible for
the debt, and. while til grantor will re-
main equally bound by ais obligation, yet
as between him and his grantee he be-
comes surety and his grantee principal
debtor AS between the parties to the deed
the fncumbrance becomes the debt of the
grantee 8. When affirmative relief is due
against parties to the suit as to matters
germane TO the subject matter of the main
action cross actions may be filed against
the ,eeI plaintiff sG, or among co-defendants.
Affirmed Jordan. c. il. The legal voters
of township may appoint by written
power OF attorney persons as their agents
discretion whatever in the matter to re-
monstrate in writing In the place of their
SAID principals against every person apply
ing to the Board Of Commissioners of the
county for license to sell Intoxicating
liquors in such township. And such ap-
pointees, having accepted the agency con-
ferred upon them. and having, in the
monstrated against granting a license.
such remonstrance is the act of the voters
and effective. 2. Such power of attorney
agent to S D theip names nes
against any and all persons who may
thereafter apply for license to sell intoxi-
eating liquors.
1855. Kline VS.. Kline Jasper C. C. At
firmed. Gillett. il. Where person in
vades the premises of another and by
threats and actions frightens and compels
q 80 oo f1r fafx a.. roxs
doing so contracts a severe cold and suf-
fers thereby, such person may recover from
the wrongdoer. 2. Where cause of ac-
fui wrong of another. and damages are
thereby sustained by way of fright. dam
ages may be recovered, whether the COM
planning party received physical injury or
1854 Davis Coal Company VS.. Poland
Clay c. c. Petition for rehearing over
ruled.
APPELLATE COURT
4O66. White VS.. Ferguson. Jackson c. c.
Reversed Wiley 1.-The legal voters Of a
township may delegate their authority to
demonstrate against the granting of a
LIQUOR license to another by regularly con-
shutting him their agent. by executing to
him power of attorney therefor. and such
power of attorney may legally authorize
such agent TO demonstrate against any
future applicant for liquor license.
sos Young VS.. Baker. Knox c. c. Re-
versed. Roby, J.-Inserting the name of a
bank at which promissory notes are pay
able after notes are signed by the holders
when not acquiesced in or authorized by
the maker is a material alteration of the
notes. 2. Merely leaving a blank in a COM
plete promissory note does not authorize
the payee TO insert terms therein changing
the character of the obligation.
1851 Baker vs. Hancock. Washington c.
G. Reversed. Roby. J.-Whether physi-
clan is specialist In certain treatment Is
a question of fact. 2 When a physician
holds himself out specialist IL becomes
his duty 10 exercise that degree OF skill
which he thereby represents himself as
possessing.
s7ss. Pulse vs. Osborn Decatur c. c. Az
a-med. Roby J.-Yhere a testatrix de-