The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-29

eighteen inches or two feet wide along the
company's walk. Judge Whalon ruled that
is ascertained, either by a finding and judg-
ment Of court, or by an investigation of the
accounts, a surety has the right to pay the
amount due, and look to his principal in
the bond and any securities given by him
for repayment. But in the absence of a
Judgment against him, he can only recover
against his principal such he can
prove that he was liable to pay and that he
had actually paid. If more than the bond
was executed by such guardian, the sure
ties on each can pay and discharge the
amount of the liability on the several bonds
executed by them, but they cannot arbitrar-
lily apportion the amounts to be paid among
themselves without regard to the actual LA
bility of their principal upon each separate
2o162. Henderson, VS. State ex rel. Ben
nett. Perry c. C. Affirmed. Hadley, j.
l. The act of Feb. Z, 1899 (Acts 1899, p. ID,
purporting to amend Sections 5, 8, 8, 10, IA
and 10 of an act approved Feb. 10. 1891 (Acts
1891, p. 49,, is invalid because it does not
Identify the act to be amended by setting
out in full the title thereto. 2. Where a
duty is improved by statute upon public
officers, which affects the rights or duties
or others, and the time of its performance
designated, the officers will not be relieved
of the duty by their failure to perform on
the date specified unless the language of the
statute is such that the designated time
must be accepted as a limitation of the Off
GERS power. In the absence of words of
limitation the prescribed time of perform
ance Will be regarded as directing only, and
the duty TO perform continuing one sub
tect to mandamus by the party interested
within reasonable period. 8. Under the
act of 1881 (Aets 1891, p. 10, the Board of
county commissioners may elect a secre-
tary TO a county board of health on some
day subsequent TO that fixed by the statute.
Minutes
2O212. Myrta White VS. Sun Publishing
Company Appellants petition for extern
sion of time.
1890 Consumers Gas Trust Company VS.
4 American Plate Glass Company ct al. APP
| pelants brief (S) Petition for rehearing.
2027S. Rebecca Schroeder VS.. Frank Wenz
| ct al Appellants brief 50
202S2 The Indiana Natural Gas and Light
| Company VS.. State ex rel. Alexander G.
Armstrong. Transferred from Appellate
| Court. No. 1891.
APPELLATE COURT.
| 4424. Copies VS.. Union, etc. Association.
| Elkhart c. c. Reversed. Black, il. The
| sufficiency of a cross complaint may be test
| ed for the first time on appeal. 2. In COM
| plant to fOreclose a building association
| mortgage the certificate of stock in the as
ISOLATION pledged by the borrower as Sc
| curity for the loan, evidenced by note and
| mortgage, need not be made an exhibit. g.
| The want of a copy of contract as an
| exhibit to complaint may be cured when
supplied by the evidence. A. The state of
| account between borrower from a build
| ing association in foreclosure proceeding
| cannot be proved by the association by an
| affidavit of the secretary thereof attached
| to a copy of the original record of such ac-
| count.
1888 Hills VS. Neale. Vanderburg C. C.
| Affirmed. Comstock, J.-Where a surveyor
| in making the required allotments to land
| owners for cleaning and repairing a public
| ditch gives no notice of any kind. nor pro-
| vides time and place for circumstances
| and objections and enters no order confirm
| ing such allotment, such allotment is void
and subject to collateral attack.
| 1913. LuSch VS.. Poole Huntington G. c.
| Affirmed. Robinson, il. The evidence
| must be in the record for this court to de-
| eide questions depending upon the same 2.
| Where there is no motion for Judgment on
| presented upon alleged error that "un-
der the findings of fact by the jury the ap-
1867. Meron Gravel Co VS.. Pearson. Sui
| livan c. c. Affirmed. Roby il In es-
tablishing a highway the petition therefor.
| the report of viewers and reviewers are
| considered plaintiffs complaint and the re-
| monstrance as the defendants answer. and
all such facts as are not controversial by
| the remonstrance stand admitted. 2 Where
| the only issue raised by a remonstrance to
| the establishment of a public highway is the
public utility thereof, the court may restrict
| the trial to that issue alone
| 50S6. Olds VS.. Toilette. Lake c. C. Pub
| hcation ordered and issued.
Minutes
5OS6. Walter Odds ct al. VS. Julia b. Fol
| lette ct al. Affidavit of new residence
50Sf. John c. Nelson, administrator. VS..
Sarah Nelson ct al. Appellants reply
| brief 50
| 503S. The New American Oil and Mining
| Company ct al. VS.. Solomon Wolff ct al.
| Appellants petition for oral argument Ap-
| pellants' brief (S)
1924. p. c., C. e st. l.. Ry. Co. VS.. Ar
| thur L. Cox ct al Appellants brief 81
| Appearance for part of appeilees
| 1929. In the matter of the dfsbarment of
| Samuel w. Griffin Appellees petition and
| brief (S) for rehearing.
1891. The Farmers Mutual Fire Insur-
| ance Company of De Kalb County VS. Sa-
rah Jackman. Appellee's petition for adj
| ditional time. Granted.
New Suits
5136. Grand Trunk Western Railway
| Company Robert Melrose. Record AS
| signment of errors In term. Bond
5l37. Addison Il. Mickey ct al VS. Edward
Steneler Record. Assignment of errors.
| Notice TO Dubois county.
5l3S. Lambert +. Mace VS.. Perry +. Smith
| Record. Assignment of errors. Notice to
| Scott county.
5lS9. Lucina Elsea ct al VS. John c. Ad-
kins ct al. Record Assignment of errors
Notice. Appellants brief 50
$40. Citizens National Bank of Green's
burg. Ind. VS.. Mary Nj. Alexander. Record
Assignment OF errors. Notice. Appellant
brief 80
5ln William A. shafer VS.. Jesse ]. Frey
Record. Assignment OF errors. In term
Bond.
5l42 Indiana Trust Company, executor
VS.. Sophronia A. Bryan. Record. Assign
ment OF errors. In term.