The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-21
RECORD OF THE COURTS.
Proceedings in the Various Conrts of
Record Yesterday.
Full Abstract of the Opinions Rendered
by the Judges of the Supreme Court
Work in the Local Courts.
SUPREME COURT-SEPT. 20.
Hon. W. E. Niblack, Chief Justice.
FORMER OBSERVATION-DISCLOSURES.

FORMER ACKNOWLEDGEMENTS
10,202. Anderson Building Association vs..
Marcus Hopes. Madison c. G.
Howk J.-SuiU by appellee to have a mortgage
made to appellant satisfied of record, on the
ground that an action mad been brought by APP
pelant TO foreclose the mortgage, ana that IL
was in fact adiudgel satisfied by the court The
evidence shows that the suit by appellant was
for the non-paymeDt of weekly dues, fines, pen
aties and assessments by the mOrugag gers, or
reason of which the entire mortgage debt had
become due The judgment of the court was In
favor OF the defendants in that action, Under
the pleadings and evidence the payment ana
satisfaction of the mortgage were not IN issue,
and when the court found that the defendants
were not In default in the payment OF dues, hnes,
etc, as to the matter thus found, but no other,
the Judgment was final adjudication The evl-
denct ala not sustain the hndlng OF the court
that the mortgage was declared satisfied In the
former action. Judgment reversed.
1O,747. Indianapolis Cabinet Company vs.
William j. Tucker. Marion 5. c.
Bicknell, c. C.-Snit by appellant on note Ihe
only question is as to the suthcency of the evil
dtnce TO sustain the finding. Tue evidence 10 con
hlctlng, but there Is evidence tending TO support
the finding, and the Judgment must therefore be
affirmed. (S4 Ind, 44O, 544)
CRIMINAL PRACTICE-PLEA IN ABATEMENT.
11,04S. The State vs.. George Landerman.
Huntington G. G.
Niblaek, G. J.-Prosecution by affidavit and in
formation, for selling liquor after II o'clock at
night Plea in abatement, that the affidavit, and
the information founded upon il, were both filed
at the same time, and that the prosecution was
nov commenced by first filing with the clerk the
oHense. with the names of the Witnesses. In the
case of the State De Long, No. 1O,705, last
term, a plea in abatement precisely similar was
decided TO be Insufficient, upon the ground that
the affidavit, III cases Ike this, is filed in time
When it is filed with the information. Upon the
authority OF that case the judgment is reversed
CRIMINAL NEUTRALITY-SUSPICIOUS..
1l,063. Samuel App VS.. The State. Carroll
C. c.
Elliott, i'm Indictment for keeping gam
ing apparatus, it is not necessary describe the
particular building, but only so name the county
and State in which tho apparatus was kept
Where an accused, who obtains a change of
venue, appears Ia The CONT to which the cause
was sent and goes to trial without Onjectng TO
the jurisdiction of the court, it will be presumed,
IN the absence OF q contrary showing, that the
officers did their duty, and that jurisdiction was
properly obtained. (S4 Ind, 204J Where the
record certified by the clerk shows due i'm pam
cling of the grand jury, it is sufficient without
Judgment affirmed.
RAILROAD FIREs-NEG ACKNOWLEDGEMENTS.
10,295. l.. b. & W. r. r. Co. vs.. John w. Adj
ams0n. Warren e. e.
Morris, C.-The complaint charged that appel
liant negligently permitted dry grass and other
combustible material to gather upon its right of
way Adjoining the premises where the plaintiffs
wheat was stacked. and negligently failed to pro-
vide its locomotives with spark arresteTs, where
by said rubbish was set on fire by sparks escaping
from SAID locomotives, and that SAID fire escaped
plaintiffs wheat There is averment that
appellant neElIgently suffered the fire to es-
cape from its right of way to the property of
the appellee, and sueh an averment is necPssa-
~. go Ind, 400; 70 i'd, Ill; 81 ia, 1919 Judg
ment reversed.