The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-18
HIGHER COURTS RECORD.
SUPREME COURT.

1882. Marion Bond Company, Trustee, vs.
Mexican c r. CO, Marion s. c, Re.
the articles of association of a
voluntary association formed under
the act of 1887 as amended in 1885,
named several different objects as the pur-
poses for which ii was formed did not pre-
vent such association from becoming a
corporation, de facto, as to any particular
one of the purposes named In its articles
and authorized by said statute under which
it proceeded to act.
2. Where the statute authorized the for
nation of a corporation for a certain pur-
pose. and persons in good faith proceed to
incorporate under the provisions of the
statute for that purpose, the fact that they
also declare in their articles a purpose to
exercise, or actually attempt to exercise
unauthorized powers is no defense to an
action by the corporation to enforce rights
acquired In the exercise of its lawful pow
ers.
3. The mere word trustee in a pleading
after the name of party without any
thing to indicate the nature of his trustee
ship, will be regarded as matter of descrip-
ton.
1877. Andrews VS.. Andrews. Huntington
c. c. Transferred to Appellate Court.
1854. Martin ct al. VS.. Berry. Huntington
c. z: Petition for rehearing overruled.
1899. Seifert VS. State. Wayne c. C.. Ap-
pellee granted additional time to Jan. g
New Suit
2OO62. William Jones VS.. State of Indiana.
Cass c. c. Record. Assignment of errors.
Notice to prosecuting attorney.
Minute
19952.-Frank Van Buskirk ct al. VS.. Lydia
Slower. Madison c. C. Appellee's brief g.
APPELLATE COURT.
1900. B. & o. & c: r. R. Co. VS.. City of
Henley. J.-Under Section 675s, Burns.
1894, where a public highway was
duly established by order of the
Board of Commissioners across "a
nor Travelled. and before the expiration of
six years from the order establishing it a
such part of said road, said order estab-
fishing such highway continued in force
and the city had authority to open the
street nine years after the order was made,
because the incorporation of the city
changed the highway to a street of the
city and suspended the operation of the
statute of limitations.
All. b. & o. q c. r. r. Co. VS.. Town of
Whiting ct al. Affirmed. Henley, j.
The Incorporation of a town embracing
a highway that has been established by
order of the Board of Commissioners less
than six years before, but not opened nor
worked, suspends the statute of limitations
(Sectjon 6759, Burns, 1894 and the town
can open such highway as street pur-
suant TO said order of the board more than
six years after the order was made
1905. b. & o. r. r. Co. VS.. Daegling. Lake
s. G. Affirmed, Robinson il II
sewer assessment to file as exhibits
copies of the various resolutions. orders
and ordinances adopted by the Council in
the proceedings pertaining to the improve
ment; the part of the assessment roll sued
on is the only necessary exhibit, and the
rest can be merely stated by averments in
the complaint
2 That the finding and Judgment are
contrary to law or TO the evidence is not a
| cause for a new trial.
3. Failure TO point out definitely and dis
| cuss evidence alleged TO have been i'm
| properly admitted valves the objection.
$3.50 Gonser ct al. VS.. State ex rel. ct al
| Steuben {. c. Affirmed. Henley, j.
| !. Where a township trustee borrowed g
sum OF money on the credit of the town
| ship and converted IL TO his own use with
| out in any manner giving such township
| the benefit thereof the sureties on his bond
| then in force were liable for his default
| although the trustee continued TO pay all
: legal claims against the township as they