The Indianapolis journal., 1904-01-08
HIGHER COURTS RECORD.
SUPREME COURT.

20223. Lightcap VS.. Konovisky. Starke
Circuit Court. Affirmed. Monks, il In
an action TO review a judgment all the
action must be alleged in the complaint so
that the same is sufficient to withstand a
demurrer for want OF facts without resort
ing to exhibits.
2025S. Closson VS.. Billman Cass Circuit
Court Affirmed. Gillett, c. il. Although
sureties and guarantors are favorites OF the
law and are not TO be held beyond the lin
its OF their engagements, yet their con-
tracts must be construed as If executed
by the principals alone. 2. Where a bond
securing the performance Of building con-
tract refers to the latter, the two instru-
ments are to be construed together.
20227. National Supply Co. VS.. Stranahan.
Grant Superior Court. Affirmed Jordan, j.
!. person who furnishes material to an
other who is insolvent or in failing circum-
stances, or who thereafter becomes insolv-
ent or in falling circumstances, which ma
terial is bought and sold to be used in, and
which is in fact used in, the erection, con-
struction or repairing OF his oil or gas wells
does not thereby acquire a preferred claim
against such persons assets under Section
1886, Burns's r. s., 1901, without giving the
proper statutory notice of lien.
Minutes
1873. Emmet II. Scott ct al. VS.. the City
of Laporte ct al. Laporte c. c. Appellee's
brief (s) on petition for Injunction.
2O21S c., 1. & l.. Railway Company VS.
Lucinda Barnes, Administrative. Mont
gomery c. c. Appellee's brief 0) on petition
2O2ll. The School City of Rushvine ct al.
VS. William j. Hayes ct al Rush c. c.
Appellee's additional authorities CS)
APPELLATE COURT.
47s5. Spring, etc. Wire Co. VS. City of
Anderson. Madison Circuit Court. Re
versed Black 1.-THE statute provid-
ing for assessments for the construction OF
q street Improvement does not contemplate
the assessment by the Common Council of
property not reported as assessed by the
city commissioners.
5005. LogdsOn VS.. Dingg. Clay Circuit
Court. Reversed. ROby, il Whether or
not possession of real estate is hostile or
adversely Is an ultimate fact and not con-
clusion of law. :. Where a landowner
holds possession Of land to a certain fence,
claiming that the fence is the true bound
aTy line his possession is adverse. 3. An
a person has held possession Of disputed
territory for more than twenty years, does
not deprive such person Of the title secured
by the prior possession.
5113. West vs.. State of Indiana. Sullivan
Circuit Court Affirmed. Comstock il
Where a subpoena is issued BY a justice of
the peace. commanding q person TO appear
before him and answer questions concern
ing violations Of the criminal laws Of the
State, as provided by Section ISL. Burns
1901 and such person appears and his evil
dence is reduced to writing and sworn 10
the prosecuting attorney may take such
affidavit TO the office of the Clerk of the
Circuit. Court and base an information on
il without the knowledge and consent OF
such witness. 3. In case such witness
should fail TO appear, or refuse 10 answer
questions he could not be punished for con-
tempt g. Where a witness testifes that ar
certain time he bought and drank a GER
tain liquor, which is intoxicating, il is per-
missible for another witness TO testify that
on another occason he purchased the same
Kind OF liquor from defendant, for the pur-