as to what disposition he had made of the sums received by him on the sale of property. McCray v. Whitney, 56 App. 94, 104 N. E. 871. Under this section and section 860, it was not the intention of the legislature to authorize an execution against the body of a judgment debtor while the execution against his property remains unreturned. Fox v. Close, 63 App. 66, 113 N. E. 1007. 860. Order of arrest and bail, when had. See note to section 859. 865. Costs, proceedings summary. In proceedings supplementary to execution, formal pleadings are unnecessary other than an affidavit or verified complaint on which the order requiring the parties to appeal is issued. Beckman Supply Co. v. Newell, App., 118 N. E. 962. SEC. ARTICLE 27.-ADOPTION OF HEIRS. SEC. 870. Order of adoption, new name and 871. Rights and duties of parties adoptrights. ing. 870. Order of adoption, new name and rights. Persons may adopt children who are related to them and who would be one of their natural heirs, but such an adopted child can not inherit from the adopting parent more of his estate than a natural child would inherit. Billings v. Head, 184 Ind. 361, 111 N. E. 177. Under this section and section 871, an adopted child is a legitimate child, and if it survives its adopting father, the right of inheritance of illegitimate children of such father is cut off under section 3000. Cooley v. Powers, 63 App. 59, 113 N. E. 382. In view of this section, one who is entitled to inherit either as a natural child or as an adopted child may take in either capacity, but not in both. Head v. Leak, 61 App. 253, 111 N. E. 952. The adoption of a child pursuant to this section and section 871 does not satisfy the provisions of a will providing that the testator's daughter should have thirty acres of land "provided she have heirs," since the word "heirs" is used in the sense of "children." Nickerson v. Hoover, App. 115 N. E. 588. 871. Rights and duties of parties adopting. See note to section 870. ARTICLE 29.-ARREST AND BAIL. SEC. 915. Bail, when exonerated. 915. Bail, when exonerated. In view of this section, the sureties upon recognizances in civil and quasi-civil suits may be released without being required to pay costs. State ex rel. Smith v. Smith, 65 App. 471, 117 N. E. 553. ARTICLE 30.-ASSESSMENT OF DAMAGES. SEC. 930. Condemnation, complaint. 931. Notice by clerk, nonresidents. SEC. 933. Objections, pleadings, appeal. [Acts 1921, p. 278. In force May 31, 1921.] 926a. Dam for flouring mill, etc.-Damages.-1. Any person, firm or corporation having heretofore erected or desiring to erect a flouring mill or other machinery to be propelled by water may dam up any public ditch which is the outlet of a lake and was heretofore ordered constructed by any court and divert the waters of said ditch to the headwater lake furnishing the power to said mill, or other machinery to be propelled by water, by paying to the person or persons entitled thereto the equitable value of the land taken for the purposes of such diversion and such other damages as the same may occasion to said owner or owners, and also by paying the owner or owners of all lands affected by the damming up of said ditch the damages occasioned thereby, which damages shall be assessed as in other cases. 929. Entry, survey, effort to purchase, title. A telegraph company has the right to appropriate land for the location and maintenance of its necessary poles and lines. Western Union Tel. Co. v. Louisville etc. R. Co., 183 Ind. 258, 108 N. E. 951. Objections may be the basis of issues of law or fact, but an objection can not be used for both purposes. Miller v. Southern Indiana Power Co., 184 Ind. 370, 111 N. E. 308. The measure of damages in condemnation proceedings for land taken by a railroad for additional drainage purposes is the then value of the defendant's farm in its entirety before the change of drainage and its value after such change. Chicago & E. R. Co. v. Hoffman, App. 119 N. E. 169. 930. Condemnation, complaint. Complaints in condemnation proceedings, as to the necessity of making the appropriation, need only allege generally that the land is necessary for the use of the plaintiff in his business. Eckart v. Fort Wayne etc. Tract. Co., 181 Ind. 352, 104 N. E. 762. Description of land sought to be appropriated, what held to be sufficient in a complaint. Joliff v. Muncie etc. Light Co., 181 Ind. 650, 105 N. E. 234; Miller v. Southern Indiana Power Co., 184 Ind. 370, 111 N. E. 308. 931. Notice by clerk, nonresidents. Nonresidents of the state are to be given notice of the proceedings by publication. Gwinner v. Gary Connecting etc. R. Co., 182 Ind. 553, 103 N. E. 794. 933. Objections, pleadings, appeal. Objections that are filed to the complaint or proceedings in actions to appropriate lands must be specific, and state definitely the grounds of such objections. Joliff v. Muncie etc. Light Co., 181 Ind. 650, 105 N. E. 234. Objections filed to a complaint in condemnation proceedings may tender issues of law or fact, but a single objection can not be used for both purposes, and issue of fact can not be raised by a general denial. Miller v. Southern Indiana Power Co., 184 Ind. 370, 111 N. E. 308. If in condemnation proceedings the plaintiff has taken possession of the land, and the parties agree upon the appraisers to assess the damages and they waive the right to file exceptions and right of appeal, and no exceptions are filed to the report of the appraiser fixing the amount of damages, the court may render judgment for the damages assessed and the plaintiff can not appeal from such judgment. Southern Indiana Power Co. v. Cook, 182 Ind. 505, 107 N. E. 12. The lien of an order of attachment on the property of the defendant in the county subject to execution dates from the time of the delivery of the writ of attachment to the sheriff, and such lien is in favor of all the attaching creditors, including those who properly file under the attachment, and such liens have priority over judgments or mortgages afterward rendered or executed. Little v. Mundell, 59 App. 227, 109 N. E. 227. In view of this section a lien in attachment upon land relates back to the time when the writ was placed in the hands of the sheriff. Parker v. Curll, App. 126 N. E. 858. 960. Replevin of property, notice and proceedings. - Where a writ of attachment issued in a county is sent to the sheriff of another county, and he levies upon property claimed by a person who is not a party to the action, the provisions of this section do not apply, and the person who claims the property taken under the writ may recover the same by an action of replevin. Hoover v. Lewin, 56 App. 367, 105 N. E. 400. 966. Affidavit and summons for garnishee-Return. In view of this section a proceeding by a wife against husband's debtors to obtain support is in the nature of garnishment. Leib v. Henderson, App. 126 N. E. 856. Lesh v. If a judgment rendered against the principal defendant in an attachment case is reversed, the judgment against a garnishee must also be set aside. Davison, 181 Ind. 429, 104 N. E. 642. 978. Claims of other creditors, filing. Creditors who file their claims under the original attachment proceedings, acquire the same liens on the property of the defendant as are acquired by the original attaching plaintiffs. Little v. Mundell, 59 App. 227, 109 N. E. 227. Under this section judgment creditors of defendant had a right to come in and file under attachment suit notwithstanding laches before final judgment. E. I. Dupont Powder Co. v. Pennsylvania & Indiana Coal Co., --- App., 121 N. E. 680. SEC. ARTICLE 32.-ATTORNEYS. 996. Who may conduct civil actions. 997. Who may be admitted, moral character, examination, roll. SEC. 1003. Authority of attorney. 996. Who may conduct civil actions. Under this section an allegation that the corporation prosecutes the action by an attorney was held not necessary nor pertinent as an objection in the memorandum accompanying the demurrer to the complaint. Miller v. Berne Hardware Co., 64 App. 473, 116 N. E. 54. 997. Who may be admitted, moral character, examination, roll. The admission of a person as an attorney must be made in the county in which applicant resides, and the admission made by the circuit court of such county will authorize him to practice in other circuits. In re Holt, 183 Ind. 248, 108 N. E. 860. If an attorney is admitted to practice in the supreme court on being informed that such attorney had been admitted to practice as an attorney by a circuit court of the state, the supreme court will set aside such order of admission when informed that such attorney had not been admitted by the proper circuit court. In re Holt, 183 Ind. 248, 108 N. E. 860. 1003. Authority of attorney. The attorney of a person has no authority to verify the objections made by such person to the probate of a will. Faylor v. Fehler, 181 Ind. 441, 104 N. E. 22. An attorney can not agree that a motion for a new trial may be filed after the time fixed by statute for filing such motions. Talbot v. Meyer, 183 Ind. 585, 109 N. E. 841. An attorney may bind his client by an agreement that he will not take a change of venue from the county. Terre Haute etc. Co. v. Ward, 56 App. 155, 102 N. E. 395, 105 N. E. 58. An action by attorneys against the clerk of the county to recover their fees from a judgment secured for their client and paid to the sheriff and by him turned over to the clerk, was held not brought under this section, but to recover their statutory attorneys' lien. State ex rel. Mock v. Bleke, App. 19 116 N. E. 2. An attorney having taken a check in course of his employment had implied authority to make formal indorsement in behalf of his client for the purpose of making collection and receiving the money. Brown v. Grimes, App. 129 N. E. 483. An attorney in the absence of special authority has no right to accept anything but money in settlement. Brown v. Grimes, App. 129 N. E. 483. 1012a. Reinstatement, limit, application, hearing. The act of 1913, providing for the reinstatement of attorneys who have been disbarred from practice is construed, and the practice under such act defined. In re Talbot, 58 App. 426, 108 N. E. 240. SEC. ARTICLE 33.-BASTARDY. 1026. Judgment against defendant. 1027. Order to pay, commitment, how released. SEC. 1032. Child's death not to abate or bar. 1026. Judgment against defendant. Under this section and section 1027, a judgment in a bastardy proceedings requiring defendant to pay to the clerk a specified sum of money for the use of a doctor for a surgical operation, was held void. Price v. State, App. - 118 N. E. 690. 1027. Order to pay, commitment, how released. See note to section 1026. Under this section and section 1032, the appellate court will not presume in support of a judgment in favor of a third person in a bastardy proceeding that the mother or child is dead, or that the mother is an improper person to receive such fund. Price v. State, App., 118 N. E. 690. - [Acts 1921, p. 116. In force March 1, 1921.] 1039a. Change of name legalized.-1. Where an attempt has been by proceedings in court, pursuant to the statutory provisions therefor, as embraced in sections 1035 to 1039 of Burns' Revised Statutes of 1914, and a decree entered in such proceedings, ordering a change of name of any corporation within this state, and said proceedings are questionable or faulty, and such corporation or corporations have proceeded in good faith to adopt and use the new name provided in such decree, said proceedings are in all things hereby legalized: Provided, however, That nothing herein shall affect pending litigation having for its purpose or object the contest of the validity of such proceedings. Section 2 of the above act provides that the act be in force and effect from and after its passage. ARTICLE 35.-CONTEMPTS OF COURT. 1043. Indirect contempt, resisting process. The inducing of a witness to evade the service of a subpoena constitutes a contempt of court. Davis v. State, 178 Ind. 682, 99 N. E. 425. 1044. Indirect-False report of trial. Unjustifiable criticism of the conduct of a court does not constitute contempt |