The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-11
HIGHER COURTS RECORD.
SUPREME COURT.
Minutes


Minutes
1892. Frank p. Setter VS.. State ex rel.
Board of Commissioners. De kalb {. {.
Appellants petition for rehearing. Appel
lants brief on petition 90 Petition or
Board of Commissioners for leave to fle
brief on petition.
1886. Vincent CHM VS.. State of Indiana.
Henry c. c. Appellee's petition for leave
2OO26 State ex rel. Kiefer VS.. wheatley.
Upton c. C. Afirmed-Jordan, j.
l. Where a person brings an action to ex-
pei another from the office of county as
SCISSOR and have himself declared such Of
fetal. in his complaint. he must show his
eligibility and that he had been legally
elected TO such office, and that he had duly
qualified as the law exacts
2. To be qualified to take possession of
an office, or enter upon the discharge Of its
duties, means the performance of the acts
must under the law perform, before he can
enter upon the discharge of the duties
thereof
1904. Alexander VS.. Spaulding. Wells C.
c. Affirmed-Ha0ley, c. j.
1. Where complaint is bad. 1t makes no
difference whether an answer thereto is
good or bad.
2 Under the statute Burns 1901, Sec.
1896 and 3399 there are three kinds of i'm
piled trusts, and TO recover therefor the
complaint must aver facts sufficient to
bring the action within such statute
2005S- Mason VS.. Mason. Allen S. G. Pc
tition for rehearing overruled
zUU0i. 0uiZer etc. Company VS.. WdtSi
Company. Rush c. c. Same.
APPELLATE COURT.
Minutes
1918. Samuel E. Perley ct al. Edward
c. Westervelt ct al st. Joseph c. c. Ap-
pelees brief (S.)
4O6S. Alfred Guthrie VS.. AIDA T Rowland
ct al Martin c. c. Appellants petition
and brief go for rehearing.
1859, 0gle VS.. Hudson. Greene c. c. At
1. Where a principal employs an agent
or servant, and directs him TO act under
certain conditions, and commits to his
and what action may be necessary, the
principal will be responsible for the mis-
judgment or misconduct of the agent
1851. Franklin insurance Company VS..
Wolff Laporte S. c. Affirmed-Black, c. J.
1. The rules of court constitute part of
the law, and cannot be wholly waived or
ignored in the court by which they have
been adopted and published.
2. That the trial court refused to require
the jury TO answer interrogations submit
ted in connection with their general ver-
trial, but cannot be made the subject of an
independent assignment of error.
1866 Union Trust Company vs. Shilling
corporation loaned money, and the
borrower in his obligation agreed "a
pay attorneys fee. and the corporation
receiver the borrower Is chargeable with
| the amount of money received by him
with per cent. interest thereon, and is
not chargeable with the attorneys fees
| provided in the bond.
1898: Webb VS.. Farley. Lake s. c. Dis
missed
1905. Johnson VS.. Johnson. Huntington c.
| c. Same.
| 4i2S. Stone Company VS.. Steele. Orange
| c. C. Appellant granted thirty days from
| date to file reply brief.
1894 Bird Transfer Company VS.. Krug
| Marion c. c. Appellee granted five days
F, from date TO file brief petition for re-
| hearing.
! 1854 Underwood VS.. Dickard. Monroe c.
! c. Appellee granted thirty days from date
| to file brief on cross errors.
1929 Baltimore & Ohio Southwestern
/ Railroad Company VS.. Gillard. Clark c. c
| Appellant granted leave to amend assign
| ment OF errors.