The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-25

:septance Of the property for carriage: A reduc-
sheraton. but such Concession in charges must
be actual and not fictitious, and a mere recital
or acknowledgment, in the bill Of ladng that
such abatement has been made and accepted is
not conclusive. but the real transaction Is al
ways open to explanation and contradiction by
20l22 Board OF Commissioners VS.. Hunter.
Harrison c. c. Reversed. Monks. J.-where
a person appointed by justice OF the peace
to take care and charge of an insane poor per-
son. but an inmate of county institution.
he cannot recover from the county for such serv-
ices rendered after the taking effect OF the act
Of las sGSne 1e 09uRy d0adson c
c. Reversed. Bowling. i'll. If cross-errors are
assigned the appellee shall file his brief thereon
within sixty days from the date OF the cross -as-
signmeut to entitle them to consideration from
this court 2. II a party relies upon supposed
error of the court in failing 10 carry back a
demurrer and sustain IT to a pleading OF an ad-
versary he should assign such failure as error.
3. The acceptance Of street improvement by the
Common Council In the manner prescribed by the
statutes after the completion OF the work Is con-
elusive upon the property owner, so far as the
character of the york done and materials used
are concerned In such case, In the absence Oh
fraud. the property owner cannot be heard to say
by way Of defense to a suit to collect the as
to the contract 4. Mere Irregularities occurring
ell does not amount 10 fraud: . Where a com
plant TO foreclose public improvement is de-
feetlye by reason OF failure 70 aver Inat Ine Of
the Council such defect may be cured by admit
ting in answers thereto that the improvement
was made by the order OF the Council
2oOs9. Fink VS. Montgomery 81. Joseph =: =;
/ j.
Of a receiver to settle and wind up the business
Of partnership IL is not necessary that the de-
paPfne a ne to dissolve takes notes
payable to himself for partnership debts such
misconduct is sufficient to authorize court to
2S0ss. b. & o. S. W. Railroad Company VS..
Hollenbeck. Jennings c. c. Reversed. JORDAN;
J.-Where the wages OF an employe OF railroad
are paid to the court in foreign state upon on a
default Of the employe in failing to appear AT
the trial. such employer is not liable to the en-
'' 9SosO. i0 Westfali vs. Wait. Marion C. C. At
frmed Hadley, J.-When civil action Is pend,
ing in mai aPDsa bqRs e Gn nt
retain such jurisdiction of the case and parties
as will warrant the original plaintin In naVlhs
such appealed redocked in the trial court h
to file therein: as further proeeeding IN I qe
ee issss Weir VS.. state ex rel Henry G C.
pei by mandamus a school town and me supei M
tendent of schools TO admit the Geatr TO
years and over six years OF age, the COMPANY
should asge that the reatrix is also u unar
. statute b wns ns y aesaon and proof
that be within 1s is p1T4S amton C.
versed Monks il In a ter% ake the hpp eo
appellant Is not REQUIRED o 10 msas with him.
Parties 70 an APPEAL can srns their rights
| and not such as affect the rights of others: .:
A remonstrance to a ditch proceeding must ee
filed within 1en aass of the notice of hearing
| the renort of the drainage commissioner. a.
Persons not named In RstO Burns rD issi IL
| they have an interest in the lands anected ny
| the proposed ditch. may be admitted TO defend
ON appiication to the court and, If made parties
the proper time. may attack me ps., d h op
1885 1888. C.. l. { E. Railway Company VS. Gas
Where a demurrer is sustained one of sew
| eral paragraphs of a pleading. the error Is
wh,nh the same evidence is admissible. 2.
where where a railroad company has granted, a gas
s sIonp IFS right Of way. which the gas company
has done. the mere fact that the latter COM I'M
| flow Of gas through its pipes affords no ground
for enjoining IT from SO doing by SUIT on
| 2Ol5s. Valparaiso Water Company vs. City OF
| Valparaiso. Lake c. c.. Appellants motion to
set aside order transferring cause 10 the appel
/ late Court overruled
Minutes
| 2O125 John c. Nelson administrator, VS. Sarah
| H. Nelson ct al Grant {. e Appenees
1870 Consumers Gas Trust Company VS.
| s. c. Appellees' additional authorities 60
| APPELLATE COURT.
Minutes
| 5o72 City of Bluffton ct al. VS.. Charles NJ.
Miller. Wells G. G Appellants ,s 6ried 60 s
1 Thaddeus NJ. Moore. Madison S. c. Appellants
pe 47ts The The Consumers Gas Trust Company
Fremont Wilson Delaware S AP 9rief M
request for oral argument. Appehaht pIlel 20
4 asa Consumers Gas Trust Company VS.
Elizabeth Worth Madison $. c. Appellant s
/ request for oral argument. Appellants brief %
4e65 The Dean Brothers Steam Pump Works
| VS.. William T. Griffin. Morgan c. c. Appel
| EOss Nancy Beasey ct al. Thomas ]. High
/ White c. C. Appellees brief 80
i 1893 James Glenn VS.. l.. E & W. Railway
| Company Warren C. c.. Appellees amended
| assignment Of cross-errors.
New Suits
| 5074 James A. Russell ct al. State of Indi-
Marion Criminal Court. Transferred from
Supreme Court. - -
| 5075. Indiana Natural Gas and OIL Company
| VS. Idelia Beaies Madison S. c. Record. AS
/ signrnent of In term. Bond.