The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-20
HIGHER COURTS RECORD.
SUPREME COuRT-

1861. Board. etc, ct al vs. Newport.
Owen G. CT. A board of commissioners
does not act in such a judicial capacity
in ordering the issue and sale of gravel
road bonds as TO make it's action proof
against collateral attack, and when such
issue and sale would be illegal under Act
cent. of the assessed valuation, a tax
payer is not limited TO the remedy of an
appeal. but may enjoin such sale. 2. Cura-
tive Act 1899. Pages 422 and 2S3. which un-
dertake to except a particular proceeding
In owen county from the operation of said
Act 1899, Page 20. are unconstitutional as
being LOCAL and special legislation.
1881. Ragle VS.. Mattox. Sullivan c. c.
Reversed. Bowling. J.-Where a majority
of the voters in a ward or township have
signed a power of attorney granting to
certain persons 'or either of them (au-
thority) TO sign our respective names to any
and all remonstrances against persons who
may give notice Of intention to apply for
license to sell Intoxicating liquor in said
township and hereby give such authority
and sanction TO said signing the same as IL
respectively signed by us, and also author
lie them to properly file and present such
remonstrance," ETC., a Nicholson law re-
monstrance against a specific applicant
signed with the names of all said voters
by one OF the persons to whom such au-
thority was given and filed by him Is as eff
fectual as if signed and filed by the voters
themselves.
1887. Ewing VS. Ewing ct al. Hunting
ton c. c. Transferred to Appellate Court
1894 Ovid w. Conner VS. Andrews Land
Home and Improvement Company. Allen
s. c. Appellee's brief (S)
APPELLATE COURT.
4401. Voliva, guardian, VS. Moffitt. Foun-
tain c. e. Affirmed. Henley, il. Where
a petition by minor for the removal of
her guardian alleged that he had acted i'm
manner detrimental to his wards inter-
ests. stating particularly what he had done
that was clearly detrimental thereto. and
the guardian, having unsuccessfully de-
INJURED TO such complaint, elected to stand
on his demurrer. Judgment removing him
thereupon pronounced by the trial court
will not be disturbed on appeal. Q Under
Section 26SS. Burns, the Circuit Court has
a large discretion in the control and re-
moval of guardians.
1870. Radke VS.. Schmidt Laporte C.. c.
Reversed. Black, p. il. Where the in
structions and evidence are both incor-
porated in the same bill OF exceptions IL
Is not competent for the clerk. in making
up a transcript on appeal, to copy much
of the bill as relates to the instructions
and then detach the original manuscript
of the evidence from such bill and insert
IL with the copied portion as parts of the
transcript. 2. wife driving to town I'm her
husbands carriage TO market domestic
produce OF his farm is not his servant in
for injuries caused by her careless driving.
j. Under Section 6965, Burns, husband is
not liable for the torts of his wife COM
mitted In his absence
New Suit
1858. p. ". Dunn ct al. VS.. Eleanora
Dilks. executrix. Marion c. c.. Record.
Assignment OF Errors. Joinder submitted
by agreement. Appellee's brief S) Aft
davit or John +. Hollett as TO substitution.