The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-25
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either in person or in benefit to her sep
arate estate that she is principal and
bound as such, and to the extent that the
consideration was not received by her IN
person or in benefit to her separate estate,
she is surety and not bound thereby.
3. Where money Is obtained through i'm
advantage taken of plaintiffs situation,
against the laws made for the protection
of persons under such circumstances an
action for money had and received will
| lie, and it is not necessary to the sufficiency
of the complaint to plead the special facts
relied upon for recovery. 4. When a
note, governed by the law merchant, but
, tainted with usury. is assigned by the payee
to an innocent holder for value before
| maturity, so as to cut off the makers de-
| Tense OF usury, and the latter is compelled
| to pay the same, he may recover from the
| original payee the extent of the usury.
203S3. L. +. & w. Railroad Company VS..
Shelley. Henry c. c. Affirmed. Monks,
| il. Under the statutes of this state Ii is
the duty of all railroad companies to con-
| struct and keep in safe and good condition
all highway crossings. and this duty is the
before or after the railroad was built. 2. In
a proceeding to establish a public highway
across a railroad track the company is not
entitled to any damages for the cost and
expense OF complying with the require
ments of laws passed in the exercise of the
police power, and when the highway crosses
the right or way al point where the COM
pany has only track or switch no ques-
ton can Justly arise to any impairment
OF It's 1ranChlSe by such taking.
20264. Brown VS.. Miller. Decatur c. c.
| Affirmed. Monks, il. In a taxing dis
trict composed of more than one town
ship it is sufficient If the petition to i'm
1920, as amended; Acts 1895, pages 143-l4S;
J Acts 1899 pages 12S-13O, is signed by fifty
freeholders who are voters of said town
| ships 2. Three copies OF the petition may
| be filed and constitute a single petition.
3. Under the above acts the Board of Com
missioners has the power to improve roads
20 fCl al nVA1 al IL.
ceedlngs establish and improve new roads.
2OZSZ Indiana, etc, Company State
ex rel. Armstrong. Upton c. c. Affirmed
| Glllett, i'll. Where a party appears as de-
| PENDANT in nIandamus proceeding and files
demurrer for want of facts which are
overruled, and where, on refusal to plead
further, peremptory writ is issued as
prayed for. an objection that the writ on
| It's face does not purport TO have been is
| sued on the order of the court is thereby
ing gas to patrons for fuel is bound to
| treat all inhabitants of the city having con-
| nection with its mains alike.
1896. Tucker VS. State ex rel. Board of
Commissioners Marion C. c. Reversed
bowling, j. l. In an action upon coun-
| y auditors bond for money wrongfuIIy OBJ
| tanned from the county, the complaint
| should aver that the auditor in his official
| capacity, drew his warrant or warrants
| upon the treasurer of the county for the
moneys obtained, and thereby wrongfully
obtained the same, or such other allegations
! in relation 10 the drawing of the warrant
as TO make that the wrongful act of the Of
| m i. z, The rule that a judicial construc-
! tion or statute becomes part of the stat
| ute, and that the rights acquired under il
| cannot be impaired by subsequent legisla-
tlon or DECISION OF the courts altering the
| construction OF the law, does not extend
/ 70 other than contract right or rights aris-
ing under the statute upheld as a rule
| or property. 3. Interest is chargeable upon
| moneys unlawfuly obtained and withheld
| from a county.
2O27l: Bradburn VS.. State of Indiana
| Hamilton c. c. Affirmed Gillett. lin a
| prosecution for rape the proof required by
Section 1870, Burns, 1901. may be inferred
| from other positive proof in the case
2G33. Mitchell VS.. City of Peru. Miami
| G. e Affirmed. Hadley. IA plaintiff in
| his complaint mast make ii very plain that
| he Is entitled TO summary relief before a
court of equity will interfere in his behalf
| by way OF injunction.
| 2OS20. Mutual etc. Co. VS.. Simpson.
| Montgomery c. c. Dismissed Jordan, c.
J.-Section GA. Burns. 1901. forbds party
who receives money in satisfaction of a
| Judgment. In whole or In part from there
peal therefrom
202A Schela vS Wagner. Allan a a