The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-28
SUPREME COURT.

SUPREME COURT.
20143. Stembel VS.. Bell. Tippecanoe S. c:
Affirmed. Hadley, III. The question OF
and when determined from evidence the
conclusion Of the trial court cannot be re-
viewed 2 In taking census of territory
seeking incorporation into town, with
population of 1,131 persons but falling to
list the head Of one family of three persons.
does not vitiate the census, one so near
~ perfect Is a substantial compliance with
the statute 3. The of initials for
Christian names in enumeraing census
list does not vitiate the census 4. When
signed by more than one-third of the resi-
dent voting population of the district, &C
companied by the required survey, map and
census. is presented to the Board of Com
missioners they have no discretion when
once they satisfy themselves that the sur
vey, map and census have been exposed to
examination in the manner and for the pc
riod required by the statute, but it becomes
an imposed duty to submit the question of
incorporation to the voters of the district.
| .. The Legislature has the power to ratify
by curative act steps and acts done in
| the incorporation of town, when such
acts are not jurisdictional infirmities.
2o11'' Kelley VS.; City Of Marion. Grant
| an injunction to prevent the construction of
a driveway over the sidewalk in front of
PLAINTIFFS lot he must allege that he is the
| owner in fee of the ground over which the
| sidewalk is being constructed.
1888: Branstrator VS.. Crow. Allen c. c.
Appellant granted leave to amend brief
| 20l2S. Old Wayne, ETC., Association VS..
McDonough. Marion S. G. Leave granted
| appellee to file brief.
20l4S. Tuchshuber VS.. Knewson. Wells
| {. c. Appellee's motion for additional time
granted.
2o14s. Studabaker VS.. Board of Commits
/ sloners. Wells c. G. Same
| EOlO4. Featherngill VS.. Wright johnson
c. G; Transferred to Appellate Court.
|, 20132. c. & Z. Railroad Company vs.
Lain Fulton c: c. Same.
20l59. Water Company VS.. City of Valpa-
| raise. Lake G. G. Same.
1913. Charles Voss VS.. American Crystal
| Monument Company. De Kalb c.. c. APP
pellant's additional authorities (S)
| 2O100. American Rolling Mill Company vs.
James II. Hullinger Delaware c. c.. APP
pellant's brief 60 on petition for rehear-
| ing.
2Ol2s. The Old Wayne Mutual Life In
| surance Company VS.. Sarah McLonough ct
al Marion S. c. Leave granted TO file
brief Appellee's brief (s)
2Ol7o. Lewis Clipper. administrators, VS..
Christian Clupper. Wabash c. c. Appel
| lant's brief go
9Ol72. John Shelby VS.. State of Indiana
Knox c. c. Appellees brief (S)
20132 Chicago & Erie Railroad Company
VS.. Henry Leroy Lain. Fulton c. c. APP
pellants statement on appellees motion,
| etc. Affidavits of Wright ct al. in support
| of statement of appellant.
2O157 The Board of Commissioners of
Newton county VS.. State ex rel. Elmer r.:
Bringham. White c. c. Appellee's brief
S)
APPELLATE COURT.
473S. Noah VS.. German-Amercan, ETC.,
| Assertion. Grant s. c. Affirmed. Henley,
il. Error in striking out interrogatories
! must be presented through motion for a
| new trial. = 1t is not error to strike out
exhibits filed with pleading when such ex-
hibits not the foundation upon which
the pleading rests. 3. A debtor of a build
ing association, on account of q sum of
money borrowed. cannot defend action
on the loan upon the ground that the trans
action was ultra wires. T. When the stock
in a building assertion is not guaranteed
to mature with a limited number of pay
ments and does not mature with such pay
ments, then 1t only natures when the dues
paid and earnings thereon amount to the
face value. 5. Oral or printed statements
l made by the officers agents of building
and loan association in direct contradiction
| of the bylaws, when the bylaws are made
| a part of the contract by reference thereto
or when such declarations or statements
are In direct contradiction of the plain Ian.
| guage of the contract itself, whether relied
upon by the person to whom made or not
cannot be made the basis of an estoppel un-
less such representations are fraudulently
made. .tvf
4797. Kepler vs. Wright. Wayne c. c.
Affirmed. Robinson, G. il. Where the
| making of deed and note and mortgage
are to be concurrent acts the note and
mortgage depending for execution, the ex.
| ecution of the deed by the other party tc
the transaction, on a refusal to execute the
. deed tender of the note and mortgage is
not required 2 When person has paid the
| contract price for tract of real estate ht
is entitled to a deed therefor.
4427. indianapolis Street-railway Company
VS.. Darnell. Morgan G. G. Affirmed. Com
stock, p. il. A jury has the right tt
draw from the facts proven fair and rea
motorman of street car to have 1t under
such control that it may be stopped within
| a short distance If the occasion requires
3. Where defendant in a civil case doe:
not introduce any testimony in the case ant
remains silent the jury has the right to pu
| a construction upon such silence. T. 1t Il
| not negligence for a person travelling in
vehicle to drive upon street car tracks ant
wait at crossing for steam railroad
train to pass. And when such street cal
tracks run backward from him he is no
required to constantly look behind him fo
an approaching car. 5. Where the circum
| stances are such that reasonable minds
might draw different conclusions respectin.
the negligence of party, then the question
of due care is one Of fact for the jury.
. NEW c. c. Affirmed. Wiley. il. In
sale of real estate for taxes the real estat
? must be properly described in the notice o
property is, Lot One % in the Columbus
, Wheel Company and M. T. Reeves's add
ton to the city of Columbus. and is ad
vertised for tax sale as Lot l. Col w
Co." the latter description is insufficient t.
make valid sale and convey the it'll
thereto.
1924 Singer Manufacturing Company VI
Schmalzried. Laporte c. c. Dismissed.
1922. Gas Company VS.. Whipple. Adam
) c. c.. Oral argument Nov 10. 1903.
, 4512. Mercer VS.. Coomler. Howard s. c
Oral argument Nov. IT, 1908.
. 4551. c., c., c. & ST. L. Railway Compan,
VS.. Reed. Marion s. c. Dismissed
4735. Clark VS.. Worrall. Clark c. c. Pc
tition TO advance granted.
4lS1. Mccoy VS.. Mccoy. Decatur C.. C
Oral argument ordered by the court an
set for Nov. 6. 1903.
Minutes
| 1922. Valparaiso City Water Company VS.
/; City of Valparaiso Lake G. c. Transfe
from Supreme Court. No. 2o159 Appellant
| petition to postpone petition to advance
1926. The Consumers Gas Trust Com
pany VS.. Thaddeus M. Moore. Madison S
c. Appellants brief G)
, 1904. Andrew j. Murdoch VS.. F.. r. & N
additional authorities. Appellants petition
for oral argument.
1919. William NJ Corault eft al VS.. Nanc
Sanders. Wells c. c. Appellee's brief (S.
1922. The Chicago, Indianapolis & Louis
vile Railway Company VS. Hal Woodward
Clinton c. c. Appellants brief (S)
: 1913. John b. Fillinger, administrator, VS.
r | Hugh II. Conley eft al. Vermillion G. c
+ Appellants brief 8)
t New Cases
1904. Thomas Featherngill VS.. State e
=, rel. Everett Wright. Johnson c. c. Trans
:. ferred from Supreme Court. No. 20104.
5033. Chicago & Erie Railroad Compan
VS.. Henry Leroy Lain. Fulton c. c. Trans
ferred from Supreme Court No. 20l32.
5032. Valparaiso City Water Company VS.
n City of Valparaiso. Lake c. C.. Trans
d ferred from Supreme Court. No. 2Ol5!