The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-19

Where bonds for the erection Of public
school buildings are sold by a school city
and the successful bidder deposited Its GER
titled check for the amount Of the deposit
required; held, that where the act Of the
legislature under which such bonds We're
10 be issued was invalid, said deposit couid
be recovered back when the issue OF said
bonds had not been perfected. ?. An agree
ment to buy bonds which. are invalid Is
WilhOut consideration. ). The act OF March
>, 1906 (Acts 1903, p. 34O is special within the
meaning of the Constitution. 4. The Con-
s~titution Of this State permits cities and
towns to be classified upon the basis OF dlI-
ferences in population, and laws applicable
10 a single class may be regarded as gen
eral i'm their character and not local or
special. But the classification must be nat
ural and reasonable and not arbitrary, ana
be founded upon real and substantial diff
ferences in the local situation and necessi-
Ties OF the class or cities ana towns 10
which IL applies. 5. Attempted evasiOns OF
the Constitution, the object Of which IS TO
meet and overcome local and special condi-
tiOns, cannot be tolerated.
1886. Dunn VS.. State of Indiana. Allen
c. G. Reversed. Hadley, il. \ bill of
exceptions in a criminal cause filed within
sixty days is within the statutory time al
lowed. 2. Where the signing and filing OF
a bill of exceptions appear to have been
done on the same day, in the absence OF
anything appearing TO the contrary, II VIII
be presumed that the bill was signed be-
fore II was filed. 3. Where q person Is on
trial in a criminal action the State, in prov
ing It's cause, cannot depart from the issue
and introduce evidence of other eXtraneOuS
OffenseS or misconduct that have no natural
connection with the pending charge and
which are calculated TO prejudice the ac-
cused in his defense. 4. Where a defend
ant I'm "A criminal cause upon cross-eXami-
nation is Intercepted as 10 specific extra
neOuS ofenseS calculated TO impair his
credibility as a witness. the party pro-
pounding the interrogatOry is bound by the
answer given and cannot contradict it. 3.
Moral character cannot be lmpeached by
specific acts Of immortality.
20lSS. State VS.. Peterman. Montgomery
c. c. Appellee granted leave to file brief.
Minutes
2Ol9S. State of Indiana VS.. Clarence C.
Peteman. Montgomery G.. G. Petition
granted. Appellee's brief 81
2O216. JOIN A. Streben ct al. VS.. Jacob S.
Leasengood. Miami G. G. Appellee's petit
ton for additional time. Granted thirty
2022O. State ex rel. Benjamin f. Theiband
VS.. Connersville Natural Gas Company.
Fayette c. c. Appellants brief 81
APPELLATE COURT.
1919. G. & Z. r. r. Co. VS.. Fox. Porter
c. G Affirmed. Black. J:-Where a rail-
road company permitted its turntable TO
remain unfastened and allowed children TO
play upon and move the same around 1t Is
liable for an injury received thereon by. a
child who is, on account of its age, in
capable of approaching the danger in
vOlved.
ALSO. Trent VS.. Edward. Owen c.. C. At
frmed. Wiley, p. il A party seeking
the reversal OF a Judgment has the burden
of showing that his substantial rights were
prejudiced by the errors OF which he COM
plains. 2. Where a party defendant dies
before the trial and his administrator is
substituted upon petition and order OF court
and he files an answer without an amend
ed complaint being filed and does not OBJ
| Ject to the Sufficiency OF the complaint
against him, and after Judgment declines TO
appeal the cause, a codefendant on appeal
| cannot object to the sufficiency OF the COM
| plant for such administrator. 3. A party
cannot question an issue to which he is not
a party A. Section 925, Burns, 1901, per
mitS an attaching pldlntln 10 prosecute his
action whether the debt is due or not. 3 AS
between the parties thereto a conveyance
may be valid, but in fraud OF creditors. 8.
A motion to dismiss an attachment Is prop
erly overruled when it is not made until
after final Judgment. T. y party must be
affected by a judgment in order to predicate
error upon a motion in arrest thereof 8.
a fraudulent conveyance may be jointly
prosecuted. 9. Where full and complete
Justice cannot be done without the bring
ing in of new parties they should be brought
in.
1898. Johnson VS.. Blair. Grant C. c. At
frmed. Henley, c. J.-Where several par
ties appeal they cannot predicate error upon
the ruling of the trial court which only
| affects one of them.
1894. Chamberlain VS.. Waymire. Miami
| &. G. Petition for rehearing is Overruled
and mandate modified. Per curtain. When
upon reorganization of the record on pc
tition for rehearing it is believed that JUS
III NCaAd &c Ot1E z ~ oA0CtA
a new trial the mandate ordering judgment
upon the interrOgatOries will be modified
and a new trial granted.
$500 Fidelity, etc, Company VS.. Sanders.
VermilliOn g. G.. Reversed. Robinson, j.
/. Where there are conditions In a policy
of assurance precedent to a right of recov-
cry upon the policy the complaint must af-
firmatively show a performance of such
conditions or that a performance had been
waived by the company. ?. A provision in
a policy of a foreign company that notice
of loss shall be given forthwith, or within
less than five days, such condition is void,
and the most that can be required OF the in
sured is that reasonable diligence shall be
used in giving the notice and furnishing
proof of loss. 3. What is a reasonable time
Is a question OF fact, but in determining
the suficiency of facts pleaded as against
a demurrer it becomes a question of law.
1905. Bunyan VS.. Reed. Noble c. G.. Oral
argument March s, 1904.
1850. Elmira j. WhiteseIl VS.. Elizabeth
Stricken ct nj. Hancock G. G. Appellants
reply brief @)
VS.. James f. auckland. Madison c. c. APP
pellant's brief 81
5lOS. John Dearl VS.. Afford c.. Robinson
Jasper c. c.. Appellee's brief 81
Greensburg VS.. Mary NJ. Alexander. De-
catur c. c. Appearance for appellee.
1883. Edward r. ClaypOoI VS.. German
Fire Insurance Company of Indiana. Marion
S. c. Appellants petition and brief @0 fol
1863. William E. Mickey ct al. VS.. Virgil
Dougan. Dubois c. c. Appellants add.
tional authorities 81
New Case
5165. Douglas Dallams VS.. the estate OF
Belle ID. StockwelI. Vanderburg 5. c
Record. Assignment of errors. Appellant
IT, Hold CgxiI-Serxfca COMMUNICATION