The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-08
HIGHER COURTS RECORD.
SUPREME COURT.

1866. Clifford VS.. Baker. Jasper c.. c.
Affirmed. Bowling, il. In a proceeding
for the construction of a free gravel road,
under Burns, 1894, Section 6S79, ct seq, an
alleged defect, in the notice, as to the time
the petition for construction will be pre-
Sented TO the Board of Commissioners,
must be presented for consideration be-
fore the viewers are appointed. If it is not
presented the finding and judgment of the
ord, is conclusive. 2. Two petitions for
construction of such road may be pre-
scented to the board at the same time and
treated as one by the board. 8. The report
of viewers, in favor of the construction of
such a road, is prima facie evidence of the
facts therein contained and gives the re-
monstrants the right to open and close.
1907. Board of commissioners VS.. Man
key. Warren c. c. Transferred to Appel
late Court.
1905. p. G.. c. & st; L. Ry. Co. VS..
elise. Hamilton c. c. Same.
1916. Hague VS.. National Bank. Hunt
ington c. c. Same.
1917. schaefer VS.. Purviance. Hunting
1878. Osborn VS.. Hooker. Hendricks
1924. P, C., C. & St. L. Ry. Co. VS.. VIII
1875. Wheeler VS.. State of Indiana.
Warrick c. c. Additional time denied.
Minutes
1888. State of Indiana VS.. Charles B.
lockwood ct al. Marion c. c. Appellants
brief.
APPELLATE COURT.
Sill. Simpson VS.. Plate Glass Co. How
ard c. c. Reversed. Black, il. A de-
scription of premises leased is sufficient
when it can be readily located by a COM
petent surveyor. z. Where a description
of real estate in a contract is capable OF a
construction consistent with a lawful in
tent of both parties TO the agreement, such
construction will be given by the court.
3. Courts will take notice of whatever
ought to be generally known within the
limits Of their jurisdiction. A. If a land
u-n or 1aQGoo drills hic lond apd IONS q
deposit of oil or gas extending under his
neighbours field so that 1t comes into the
well so drilled it becomes the property of
the one who thus obtains possession of it.
5. Where a landowner has not a remedy
by an action at law, plain and adequate
and as practical and efficient to the ends
Of justice as ~injunctive relief, for a pro-
posed cutting off of a gas supply, con-
tracted for, he is entitled to the equitable
remedy.
354S. School TIP. VS.. Roberts. Hendricks
c.. c. Reversed. Comstock, c.. J.-Where
a school teacher. in consideration of being
employed as a teacher, represents to the
trustee that she is unmarried and will not
marry during the school year and secures q
contract as teacher thereby, on discovery
that at the time the contract was made
she was married, the contract may be re-
scinded by the trustee, he having informed
her prior to the contract that he would not
employ a married woman as a teacher in
the public schools.
1873. p, c., C. & st. L. Ry. VS.. Iddings.
Lake c. c. Petition for rehearing over
ruled.
1889. O'Brien VS.. Bradley. Madison S. c.
Same.
1890. O'Brien VS.. Bush. Madison S. c.
Same.
4242. Conner VS.. Hayworth. Pulaski c. c.
Appellant granted leave to amend brief.
1893. Wabash r. r. Co. VS.. c., r. a. NJ.
+ +: l 81 Miami c c Oral argument March
S646. Mankin VS.. Pennsylvania Co. Por-
ter c. C. Appellant granted fifteen days
time to file brief.
36SS. Soules VS.. Robinson. Clay c. c.
Transfer to Supreme Court denied.
3737. Davis VS.. Davis. Madison c. c..
Same.
1896. woods VS.. Building Assn. Knox
c.. c. Same.
Minutes
4275. Mary H. Haugh ct al. VS.. Maria
P. Smelser ct al. Rush c. c. Appearance
Of coappellants.
Ais. The Insurance Company of North
America, of Philadelphia, Pa, VS.. Arthur
F. Hegewald. Floyd c. c.. Appellant pc
titions for additional authorities.
1884. The Board Of Commissioners of
Warren county ct al. VS.. John Mankey.
Warren c. c. Transferred from Supreme
Court.
1885; P. G, G; & St, L. Ry. Co. VS.. Flora
j. Gife, ADMINISTRATIVE Hamilton c. c.
Transferred from Supreme Court.
1896. Thomas Hague ct al. VS.. First Ma
tional Bank of Huntington. Huntington
c.. c. Transferred from Supreme Court.
1897. Catherine Schaefer VS.. David A.
Purviance. Huntington G. c. Transferred
from Supreme Court.
1898. Mary Z. Osborn VS.. John T. Hooker.
Hendricks c. c. Transferred from Su-
1889. p, c., c. & st. L. Ry. Co. VS.. John
Wilson. Porter c. c. Transferred from
Supreme Court.
1910. Southern Indiana Ry. Co. VS.. John
r. Davis. Record. Assignment OF errors.
Term. Bond.