Jasper County Democrat, Volume 16, Number 100, Rensselaer, Jasper County, 21 March 1914 — COURT NEWSS [ARTICLE+ILLUSTRATION]

COURT NEWSS

New suits filed: No. 8202. ('. L. Downs vs. Charles F. Mansfield: suit on-account. Demand $254.8 5.

No. 8203. Harry Cochran and Ella Cochran vs. The Chicago & Wabash Railway Co ; action for damages for failure of defendant, through contract made by jjts late president, B. J. Gifford, to comply with a contract made with plaintiffs Sept. 23, 1912, to remove the timber and stumps from a certain tract of land, etc., on or before March 1,1914. A judgment is asked for S4OO.

No. 8204. State Bank of Rensselaer vs. Cyrus Rice, Marion O'Connor and J. W. Belcher; action for suit on note. Demand $l5O.

.\ppellate court notes of interest to Jasper county: 22475. Ray D. Thompson el al. vs. John P. Ryan et al. Jasper C. C. Appellees’ briefs. -214 1. Pinney et al. vs. Powers et al. Jasper C. C. Appellee’s petition to advance cause with notice for March 30, 1914. ‘ 8232. Everett Greenlee vs. Newton School Township. Jasper C. C. Reversed. Ibach, J. (1) Action by appellant against appellee on an oral contract between appellant and trustee tor transportation of appellant’s children to school in adjoining district. Demurrer was sustained to complaint. , It' is only necessary to consider the portions and allegations attacked in the memorandum accompanying demurrer. (2 j The complaint. need not show that the conditions of the roads and bridges to adjoining schools warranted an abandonment, after the district actually was abanuohed. (3) Allegations that appellant was resident of abandoned district, children were of school age and attendants of school? It was hot necessary to allege they were "enumerated’’ therein or in the district to which the/ were assigned after abandonment of their district. (4) Allegations “that the conveyance used for said transportation for his children was a top buggy, closed with side curtains and drawn by a horse owned and kept by the plaintiff,” was a sufficient compliance with law. (5) It wa s sufficient allegation to show advisory board had appropriated sufficient funds to pay for hauling of all children, including plaintiff’s, without pleading record. (6» The contract could be by parol. Section 9,5 98,\Burns' 1908, has no application. (7) After performance of the contract, recovery* could be had

for the reasonable value of the services, though there was ho definite agreement regarding the exact amount to be paid therefor.