Reports of Cases Decided in the Appellate Court of the State of Indiana (Volume 37)
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Reports of Cases Decided in the Appellate Court of the State of Indiana (Volume 37)

Reports of Cases Decided in the Appellate Court of the State of Indiana (Volume 37)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907. Excerpt: ... Whitesell v. Study--37 Ind. App. 429. 1897 (Acts 1897, p. 222), which was repealed in 2. 1899 (Acts 1899, p. 150, 7, 8085g Burns 1901). Concerning this statute of 1897 it was held in Mitchelltree School Tp. v. Hall (1904), 163 Ind. 667, that it was not intended thereby to enlarge the extent of the powers of township trustees, but further to circumscribe their authority in respect to the issuing of warrants; that the auditing board thereby created was not a tribunal to adjudicate questions between the civil or school township and persons claiming to be its creditors, but merely a ministerial body whose stamp of approval was necessary to the issuance of a warrant in the investigation of which said creditors were not parties. See Coombs v. Jefferson Tp. (1903), 31 Ind. App. 131. In the case before us, the action, as before stated, is for the recovery of borrowed money, which by the terms of the warrants given for it was made payable out of the 3. road fund, and a certain amount of which was actually used in the repairing of the highways; but at the time of borrowing the money and at the time of so expending a portion of it, the trustee had on hand money of that fund more than sufficient to pay for such repairs. There does not appear to have been any necessity whatever for borrowing the money, but the contrary fact affirmatively appears. Of this the lender was bound to take notice. The loan was wholly unauthorized, and could not furnish the basis of liability on the part of the township. Judgment affirmed. Whitesell V. Study. No. 5,521. Filed March 7, 1906. 1. Pleading.--Complaint.--Malicious Prosecution.--A complaint for malicious prosecution must allege that the prosecution was malicious, without probable cause, and resulted favorably to defenda...


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Product Details
  • ISBN-13: 9781150478833
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 278
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1150478837
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 499 gr


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