The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-09-27
RECORD OF THE COURTS.
Proceedings in the Various Courts of
Record Yesterday.
Full Abstract of the Opinions Rendered
by the Judges of the Supreme Court
Work in the Local Courts.
Supreme Court-sept. &c
Hon. w. E Niblack, Chief Justice.

CHATTEL OBSERVATION-DISCLOSURES
S,sl2 Anderson Foundry works VS.. james Farnsley.
Niback, G. i'm an action against the purchasers
gage, personal Judgment being sought against any
one the original mortgager are proper but not nee
such an action an answer that the mortgagers had
ofheF properly as t5 in baS
GPzed T and sk In hSt this be Tf
pr9vabe under plea of full payment Judgment
:, 1888 George D. Foster VS.. George Paxton. Lake
Elliott, J.-Appellant's complaint, which was held
bad on demurrer. is founded upon ditchng assess
ings in full. he petition flied before the commits
sioners sufficient to give them jurisdiction and
that Of appeal a. Ind, I43, 4O2l judgment reversed
sURvIvING wIDow-RIGHTs IN HUSBANDS REAL
ESTATE.
1854 Sarah Wiseman VS.. Joseph Beckwith Ham
Morris, C.-Action by appellant as widow of John
sold and conveyed by him. in the conveyance of which
said Wean Sold be sn tn Jones' Oe Ewing him
title bond for conveyance upon the payment of tho
valuable improvements on the land, and in 1854 OBJ
thihed deed from WSeman and his supposed Wife
the claims Of the appellant. and that his possession
Than twenty at Years before the death Of wiseman
Held; When Wiseman sold the hand he owned !; in
to a life estate therein. BY the Contract Of sale
Wiseman was bound to transfer all the title in the
quent legislation which attempted T. diminisn that
the 2 Howard 56 The law Of ISL
therefore, which took effect May 8, 1888,
p to he h wts Btse by hs
chase obtained vested interest in the land
such an be ID by 1 g e
3 ooeg 81 But the Of
and the rights of Jones would not be disturbed by
land, and although dover was abolished in Sa after
the contract of sale made his honor sees no rea
IN nl M n n ia a
reason of the contract she cannot take the third in
this court held otherwise, and the rule having been
acgnlesced n for many Years ought not now to be dis
1888. Sarah Wiseman James Williams. Ham
Norris G-This case is in all essential respects the
same as Wiseman VS.. heckwith, SUPRA, and for the
reasons therein given the judgment is affirmed.
SETTING ASIDE JUDGMENT-DEFAULT CONSTITUTED.
1876. L., N. A. q G. R. R. Co. VS.. Charles Roun-
Howl ,'' J@4fte r - several oontpnances, on
cause was submitted to the court for trial and the
Grafton If the cas- was postponed On Oct counsel
for appellant withdrew, by leave of court, the appel
on the same day the rendered judgment for the
and the default and Judgment on the ground
Of inadyertence, surprise and excusabte neglect OF
motion Held; The Judgment not rendered upon
default but upon trial. If appellant had any rem
ely it was to file motion for trial because of
accident surprise which ordinary prudence could
Judgment affirmed.
STATE AND MUNICIPAL oFFBNsEs-PuNIsHMENT
lO688. Michael zeller City of Charlottesville.
BicEnei C.-Prosecution for selling liquor without
city license 1t is claimed that the act made penal
law, and that the ordinance is void under section
l,64O r.. $. The act II. de penal by the ordi-
Ths act is S0 no made aou punishebs by an2
n@ vi the 1ne act o
ers out not the act of selling without city license
R. s. sec. 1912 $500 Cities and towns have right
punish violations of the ordinance. Judgment af-
JOINT NoTE-RELEAsE OF oNE-MoRTGAGE.
1915. VIM. B. Walls VS.. George w. Baird. Boone
a note to Baird, and Walls and wife executed mort:
gage on real estate to Baird to SECURE the of
that the mortgages would pay the debt Upon set;
question whether such release operated to release
liability Of the mortgager may be released without
9shn hS s sb be done
sec sec Ss3 Z p;oh Mimi sol' f. ME- fb and MaSs
val was clearly f'!1 Intention s of f Baird not to
released Walls from the payment Of the debt: This
promise to pay the debt that Intention ought to be
@ortgag to the of the sale Of f the
premises if the balance of the debt be not paid by
Walls. Judgment affirmed
AGREED CAsEs-PRACTICB.
.,lO,54O. warrick Building Association George
H99@glsndd; Warrek 9, g. -. 81. =.
agreed statement of facts serves the
purpose of all pleadipgs used in an ordinary
action and where complaint is also filed question
can be made upon it, but there must be exception
to the decision of the court upon the agreed state
ment of facts in order to question for this
court. (57 Ind, 5Sl; As i'd. 1923; SO i'd ll2 In such
cases presumptions will be INDUCED of the cor
of the conclusions of the trial but this
court will weigh the statement if it were trying the
originally. Is Ind, 4O2; IS i'd 49, Whatever
structon should be placed the statute governing
building associations, as to the amount of premium
that should be refunded in given case statement
of facts which shows the repayment of loan and the
refunding to the borrower of Xth of the prem
iums but fails to show within what time the loan
repaid, does not establish claim for the ret
of an additional amount of premium or call for
struction of the statute Judgment reversed.
SS46. Jacob Hendrix Jennie Reman. Allen
G. G.
Franklin C.-AIl the questions attempted to be pre-
sented in this are dependent the evidence and
the bill of exceptions shows upon its face that it does
contain all the evidence. In this condition of
record the judgment must be affirmed.
The following also decided, alAtracts of
which will appear hereafter:
Chas. p. Ferguson VS.. State, ex rel. Hagans. Clark
g, g. Hammond, j. Affirmed.
Arthur Floyd vs.. Erastus Floyd. Shelby G. G.
Best, Q. Reversed
Commissioners White County VS.. Karp White q.
c. collars, j. Affirmed
Francis Downing vs.. Samuel Seward Switzerland
&C Franklin, Q. Affirmed.
Elizabeth Ream VS.; Sarah Harness. Miami O. g.
Rufus Wilson vs.. Ralph Murray. Randolph G. q.
Black, 9. Reversed. -.
Superior Court
Room No Hon. Napoleon B. Taylor Judge
Fletcher4& Churchman VS.. VIM. E. Hardin ct al;
foreclosure. Judgment for S645. A
Nj. Data Mi -