Reports of the Cases Decided in the Appellate Court of Indiana Volume 10 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...was maintainable by both the defendants. ' In Corey v. Lugar, 62 Ind. 60, it was decided that the fact that a bond was payable to the State instead of to the appellee, was not ground for dismissal. In Board, etc., v. Loeb, 68 Ind. 29, a bond was payable to Fountain county instead of to the board of commissioners, etc. It was held no cause for dismissal, but that the remedy was to require a new bond under section 1,283. The cases of First Presbyterian Church v. City, of Lafayette, 42 Ind. 115; Clift v. Brown, 95 Ind. 53, and Faurote v. State, ex rel., 110 Ind. 463, support this position. There is, in the opinion of the court, in Crurnley v. Hickman, 92 Ind. 388, nothing which conflicts with these cases. On the other hand, the proposition of law therein laid down is in perfect harmony with them. There is not here an attempted appeal with no bond. There is a bond insufficient possibly, defective certainly, but still a bond which is promptly replaced with a sufIicient one when objection is made. It comes within both the letter and spirit of the statute. We conclude, therefore, that the cross-error assigned is not well taken. We now come to the appellant's case. The ruling, whereby the name of the city as'a party plaintiff was stricken out, was right. The contractor, and not the city, is the proper party. First Presbyterian Church v. City of Lafayette, supra. Of the errors assigned, those numbered from 10 to 22, inclusive, refer to the giving and refusing of instructions. They are properly causes for a new trial and are not to be assigned as errors in this court. Thornton on Juries, section 239; Northwestern, etc., Life Ins. Co. v. Heimann, 93 Ind. 24. The 24th, 25th and 26th causes are not discussed and are thereby waived....