The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-05
HIGHER COURTS RECORD.
SUPREME COURT.

1852. State ex rel. Hart VS.. Insurance
Company. Marion s. c. Affirmed. Jordan,
il. An insurance company incorporated
under the special act approved Feb. 2. 1882
(Acts 1892, p. 1900, cannot by mandate be
compelled to permit the auditor of state
TO have access 10 all its books and papers
Of its business in the interest of its policy
holders. 2. When the title of an act is so
special limited to include one par
tfcular only of some general subject over
which legislation may be had. the BODY
of the act must be limited or confined to
the particular or special subject expressed
in the title and TO matters properly con-
nected Herewith, and cannot deal with
other particulars of such general subject
1851. Wicker VS.. Hushaw. Fountain c.
c. Reversed. Gillett, il. When person
contracts TO purchase real estate and as
sumes mortgage indebtedness thereon the
contract is an eTecutory one. 2, And the
mere fact that tn assumption of mort
gage Indebtedness is an executory contract
will not prevent the person holding the
mortgage from availing himself of ii while
IL yet remains the agreement of the ven
dor and the vendee of the real estate. g.
But where the vendor and Yendee contract
for the sale and purchase of real estate,
and the vendee agrees to assume all un-
paid taxes and mortgages shown of record
and all other liens on said lands such
vendee is not personally liable for the pay
ment of an unrecorded mortgage at the
time of the execution of the contract.
1915: Wheeler VS.. State. Warrick c. c.
plies for stay of execution.
1881. Drew VS.. Geneva. Jay c. G. Mo-
ton to dismiss postponed until final hear
ing.
Minutes
1895. The Muncie Natural Gas Company
VS. City of Muncie. Randolph c. c. Appel
lantS petition for additional time.
1928. The Terre Haute & Indianapolis
Railroad Company VS.. the State ex rel. Will
liam A. Ketcham, attorney general. Appel
lant's additional authorities 90 for oral
argument.
1915. Willis B. Wheeler VS. State of In
diana. Warrick c. G. Appellants petition
and brief go for rehearing and for stay of
execution.
APPELLATE COURT.
1927. Attica, etc. Co. VS.. Johnson. Parke
c. c. Affirmed. Comstock, il. Where a
bridge company sold bridges to A, and by
struction of which the county commission
ers had awarded TO B, who sublet the con-
tract for the construction of such roads
TO A, who completed them and they were
accepted and paid for, except the sum of
S41450 which was held back on the roads.
the construction OF which was awarded
to B. Held. that the bridge company could
not maintain an action against the county
and was to have the price of the bridges
paid out of the S414.50 held as due B.
1856. Gowdy. etc, Co. VS.. Patterson. Rush
c. G. Affirmed. Wiley, c. il. Where the
facts stated in a complaint are sufficient
TO entitle plaintiff TO any substantial re-
lief 1t is not subject to demurrer. 2. Where
a person is voted share of stock in
corporation and treated as a stockholder
she cannot thereafter be denied the rights
and privileges as such, when she tenders
TO the proper officer the money In payment
for the stock, although no stock has been
delivered
1866 Wabash r. R. Co. VS. Shultz La
porte c. c. Affirmed Black, jim an ac-
ton against a railroad company for dam
ages on account of permitting fire to es-
cape from its right OF way and causing
loss, the complaint Is sufficient if IL can
be gathered from its averments that tine
escape Of the fire was on account of tine
negligence of the company, and il also
shows freedom from contributory negli-
dome by the defendant without any fault
on the part Of the plaintiff"
Minutes
S95l City of Huntington VS.. Nettie NJ.
Townsend Huntington c. c. Petition for
rehearing. Overruled.
446l. Erastus Frizinger VS.. State of In
diana ex rel. Evalyn Eckert. Adams c. c..
Appellant for supersedas. Overruled.
1864 James X. Shroyer VS.. Thomas II
Campbell. Henry c. c. Appellee's brief (sD
S5O7 Rachel Mason ct al. Jennie Ma
son. Allen S. c. Appellants petition and
brief 90 for rehearing
4279 London Guarantee and Accident
Company. limited, Va. Mike Siroy. Lake c.
c. Appellants reply brief 81
Commissioners of Franklin County. Fay
cite c. c. Appellants additional author
New Cases
4465. Cincinnati, Richmond & Muncie
Railroad VS.. the Wabash Railroad Com
many Fulton c. c Record Assignment
of errors. In term. Bond.
1856. Evansville x Indianapolis Railroad
Company Fanstimus Huffman. Clay G.
c. Record. Assignment of errors. In term.