The Allen Superior Court (with one judge) was established by an act approved March 5, 1877 (Acts of 1877, p. 43). The Marion Superior Court was established by act of 1871, p. 48, herein set out. The Tippecanoe Superior Court (with one judge) was established by an act approved March 9, 1875 (Acts of 1875, p. 55, and 1877, p. 51). The Vanderburgh Superior Court (with one judge) was established by an act approved March 3, 1877 (Acts of 1877, p. 52). The Vigo Superior Court (with one judge) was established by an act approved April 8, 1881 (Acts 1881, p. 93).

The legislature has power, by special act, to create this court or any court of inferior jurisdiction. Vickery v. Chase, 50 Ind. 461; Sauer v. Twining, 81 Ind. 366.

[1871, p. 48. In force February 15, 1871.]

1396. (1343.) Seal.-2. The judges of said court shall cause to be provided a seal for said court, which shall contain on the face the words, "Superior Court of County" (filling the blank according to the name of the county), and such device as they may think proper. A description of such seal, together with an impression of the same, shall be spread upon the order-book of said court: Provided, That until such seal is procured, the clerk may seal with his private seal, in scroll, all process which, by law, is required to be sealed.

1397. (1344.) Clerk and sheriff.-3. The clerk of the circuit court and the sheriff of the county where such court may be organized shall be respectively the clerk and sheriff of said court; and for their services they shall each be entitled to such fees as are or may be allowed in the circuit court for like services.

1398. (1345.) Duties of clerk and sheriff.-4. The clerk and sheriff shall attend said court and discharge all the duties pertaining to their respective offices as they are now or may hereafter be required to do, by law, in the circuit court; and all laws now in force, or which may be enacted, prescribing the duties and liability of such officers, and the mode of proceeding against them, or either of them, for any neglect of official duty, allowing fees, and providing for the collection thereof, in the circuit court, shall be held and deemed to extend to said. superior court, as far as they apply.

1399. (1346.) Where court to sit.-5. The said court shall hold its sessions at the court-house of the county, or at such other convenient place as the board of county commissioners may provide at the county seat.

1400. (1347.) Terms.-6. The terms of said court shall commence on the first Monday of each month, except the months of July and August; but terms of said court may be held in said months for the transaction of business pending in said court, if directed by said court at a general term; and the terms of said court shall be called after the different months in which they are held, and they may be continued and held from the time of their commencement every day (Sundays excepted) until and including the Saturday before the first Monday of the succeeding month.

1401. (1348.) Adjournments.-7. The judges of said court may adjourn the same on any day previous to the expiration of the time for which it may be held and also from any one day in the term over to

any other day in the same term, if in their opinion the business of the court will admit thereof.

1402. (1349.) Term extended, when.-8. Whenever a trial is begun and in progress at the time when, by law, the term of such court. would expire, the term shall be extended until the close of such trial. 1403. (1350.) Clerk may adjourn.-9. In case such court shall not be formed at any time, or any term thereof shall be interrupted by reason of the non-attendance of two of the judges thereof, it shall be lawful for the clerk of said court to adjourn the same from day to day, or until the next term; and all process and other proceedings shall be continued over accordingly.

1404. (1351.) Jurisdiction.-10. Said court, within and for the county or counties in which it may be organized, shall have original concurrent jurisdiction with the circuit court in all civil causes except slander, and except such causes of which the court of common pleas now [February 15, 1871] has original exclusive jurisdiction; and jurisdiction concurrent with the circuit court, in all cases of appeal from justices of the peace, boards of county commissioners, and mayors' or city courts; and all other appellate jurisdiction now vested in or which may hereafter be vested, by law, in circuit courts; and said court shall also have concurrent jurisdiction in all actions by or against executors and administrators.

It was held before the enactment of 1873, p. 106, that what is there declared as to costs was the law by implication (Hedrick v. Kramer, 43 Ind. 362); hence, that act is omitted as useless.

Under act of March 9, 1889, Acts 1889, p. 285, superior courts have jurisdiction of proceedings for drainage of lands.

The Marion Superior Court has jurisdiction to foreclose liens for taxes paid, and for purchase-money, when a sale for taxes is invalid. Meikel v. Meikel, 119 Ind. 421.

1405. (1352.) Process.-11. The process of said court shall have the seal affixed, and be tested, directed, served, and returned, and be in form, as is or may be provided for process issuing from the circuit court.

1406. (1353.) Court of record.-12. Said court shall be a court of record and of general jurisdiction; and its judgments, decrees, orders, and proceedings shall have the same force and effect as those of the circuit court, and shall be enforced in the same manner.

Judgments of superior courts have the same general force and effect of judgments of the circuit courts, and transcripts of such judgments filed in other counties are liens on real estate. Bell v. Davis, 75 Ind. 314.

1407. (1354.) Rules-Presiding judge-Powers.-17. The judges of said court shall have full power and authority to make and adopt rules and regulations for conducting the business of the court, not repugnant to the laws of this state, and to designate one of their num ber to act as presiding judge; and shall have all the power incident to a court of record, in relation to the attendance of witnesses, the punishment of contempts, and enforcing its orders. And the judges of said court shall each have full authority to administer oaths, take

and certify acknowledgments of deeds, and give all necessary certificates for the authentication of the records and proceedings in said court.

1408. (1355.) Record-books.-20. The clerk shall, under the direction of the judges, provide for said court order-books, judgmentdockets, execution-dockets, fee-books, and such other books as may be necessary; and all the books, papers, and proceedings of said court shall be kept distinct and separate from those of other courts

[1881 S., p. 240. In force September 19, 1881.]

1409. (1356.) General and special terms.-395. When any superior court consists of more than one judge, there shall be held general and special terms thereof. A general term of such court may be held by a majority of the judges, and a special term by any one or more of them; and general and special terms, or one or more of them, may be held at the same time, as the judges of the court may direct; and whenever such term or terms are held, they shall be taken and deemed to have been held by the authority and direction of the judges.

1410. (1357.) Process-Authority-Terms.-396. The said court, at general or special term, shall have power to issue and direct all process to courts of inferior jurisdiction, and to corporations and individuals, which shall be necessary in exercising its jurisdiction, and for the regular execution of the law; and to make all proper judgments, sentences, decrees, orders, and injunctions; and to issue all process and executions; and to do such other acts as may be necessary to carry into effect the same, in conformity with the constitution and laws of the state. The court shall, at such times as the business of the court may require, meet in general term; and may, at any time, make such distribution and re-distribution of the business of the court to special term, as it may deem proper. Each judge holding court at special term shall transact the business assigned him; but he may, in his discretion, call one or more of the judges of said court to sit with him in such special term, for the consideration of any matter pending before him. Said court, at special term, shall have full power to hear and dispose of all business distributed to it by the general term; and it shall, at either special or general term, have the same power to vacate or modify its own judgments or orders, rendered at either special or general term, and to enter judgments by confession, as is or may be vested, by law, in circuit courts.

1411. (1358.) May grant restraining orders, etc.-397. The judges of said court, or either of them, shall have the same power, in term or in vacation, to grant restraining orders, injunctions, and writs of ne exeat; to issue writs of habeas corpus, and of mandate and prohibition; to appoint receivers, master commissioners, and commissioners to convey real property; and to grant commissions for the examination of witnesses; and to appoint other officers necessary to facilitate and transact the business of said court, as is now, or may hereafter be, conferred on judges of circuit courts.

1412. (1359.) Change of venue.-398. When any reason for a change of venue is shown to exist from any of the judges, as in other cases, the remaining judge or judges alone shall act; but when all are incompetent to act, the case shall be transferred to the circuit court of the county.

1413. (1360.) Appeal from special to general term.—399. In all cases where, under existing or future laws of this state, a person has the right of appeal from the circuit court to the supreme court, an appeal may be had from a special term to the general term of said superior court. The appeal shall be heard and considered in the general term upon the original papers and records filed and made in the cause at special term, and such matters as are made part thereof by bills of exceptions. It may affirm or reverse the judgment of the special term, or modify it, or render such judgment as may be deemed proper. It shall, if the judgment of the special term be not affirmed, enter of record the error or errors found therein, and remand said cause to the special term, with instructions as to said error or errors; and the special term shall carry into effect the instructions of the general term.

The appeal to general term, as to assignment of errors, is governed by the rules concerning appeals from the circuit to the supreme court. Bartholomew v. Preston, 46 Ind. 286; Wilson v. Vance, 55 Ind. 584; Patterson v. Plank Road Co., 56 Ind. 20.

If errors are not assigned in the general term, no question can be presented on appeal to the supreme court. Johnson v. Kohl, 55 Ind. 454.

Objections to the form of a judgment must be first made in the special term. Huffman v. Indiana, etc., Bank, 51 Ind. 394.

The court, on appeal to general term, can not require a judge at special term to do what he might not do without the requirement. Deford v. Urbain, 48 Ind. 219.

If, after the submission of an appeal in general term, one of several appellants die, the case may be decided there; but an appeal therefrom to the supreme court, in his name and that of his co-parties, would be a nullity, though the executor can come into the supreme court and be made a party, thus saving the appeal. Branham v. Johnson, 62 Ind. 259.

The general term may entertain petitions for a rehearing. Terrell v. Butterfield, 92 Ind. 1.

1414. (1361.) Appeal as of right-No bond.-400. It shall only be necessary for a party appealing from a special to the general term to pray an appeal to the general term, and it shall be granted as a matter of right; and no bond shall be required in such case, unless it be shown by affidavit to be necessary for the protection of the rights of parties, in which case bonds shall be given with such conditions as may be directed by the court; and such appeal shall stay the proceedings upon the action of the special term in the case, and in the manner that a stay of proceedings is allowed upon an appeal to the supreme court from the circuit court and none other.

If the parties consent to the approval of an appeal bond by the clerk, they can not afterward object. Smock v. Harrison, 74 Ind. 348.

1415. (1362.) Appeal to supreme court.-401. Any party may appeal to the supreme court from the order or judgment of general

term, in any case where, by existing or future laws of this State, an appeal may be had from an order or judgment of the circuit court; and also when a party has had a judgment in his favor in a special term, and it is reversed or modified by the general term, upon appeal to it. The appeal from the general term to the supreme court shall be regulated by the law regulating appeals from the circuit court to the supreme court, so far as applicable. An appeal may also be taken to the supreme court in the same manner and in like cases as from circuit courts, or the judge thereof, when, on account of the incompe: tency of some of the judges, an appeal can not be taken to general

term.

In the supreme court the errors assigned must be predicated upon the assignment of errors in the general term. Wesley v. Milford, 41 Ind. 413; McLaughlin v. Child, 62 Ind. 412; Rotach v. McCarty, 102 Ind. 461.

On appeal to the supreme court an assignment of error that the general term erred in affirming or reversing the judgment of the special term, brings in review all questions properly presented in the general term. Carney v. Street, 41 Ind. 396; Alexander v. University, 57 Ind. 466; Beineke v. Wurgler, 77 Ind. 468; Leary v. Smith, 81 Ind. 90.

If errors are not assigned in the general term, no question can be presented in the supreme court. Johnson v. Kohl, 55 Ind. 454.

If a complaint is not good after verdict, its sufficiency may be first questioned in the supreme court. McLaughlin v. Child, 62 Ind. 412.

If an appeal is taken from a decision of the general term reversing the judgment of the special term, it must appear for what errors the judgment was reversed. Gutperle r. Koehler, 84 Ind. 237.

No error can be predicated upon the action of the special term in carrying out the orders of the general term. Gutperle v. Koehler, 84 Ind. 237.

If errors are jointly assigned in the general term errors can not be severally assigned in the supreme court. Hadley v. Milligan, 100 Ind. 49.

An appeal can not be taken to the supreme court from the special term except when some of the judges are incompetent. McNeely v. Holliday, 105 Ind. 324; Leary v. Smith, 81 Ind. 90; Beineke v. Wurgler, 77 Ind. 468.

Parties not joining in an appeal to the general term can not appeal to the supreme court from the judgment of the general term. McNeely v. Holliday, 105 Ind. 324. A party by appearing in the special term after a cause is reversed in the general term, does not lose his right to appeal from the general term. Turner v. City, 96 Ind. 51.

[1871, p. 48. In force February 15, 1871.]

1416. (1363.) Docket fees.-21. The same docket fees shall be taxed in the said court as are now or may be provided by law to be taxed in the circuit court; and the said fees, when collected, shall be paid by the clerk to the treasurer of the county, to be applied in reimbursing the county for expenses of said court.

[1875, p. 54. In force March 9, 1875.]

1417. (1364.) Judge pro tempore.-1. If, from any cause, either of the judges of a superior court shall be unable to attend and preside at any term of said court, or during any part of a term, such judge may appoint, in writing, any attorney eligible to the office of such judge under the law of appointment by circuit judges, or any other