The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-05-15
THE COURT RECORD.
Supreme Court-May IA.
OBSERVATION-DISCLOSURES SIGNED NOTE

FoRGERY-IMPERFEcTL SIGNED NOTE.
1850. Geo. Lemasters The State. Upton c. G..
Howk, G. J.-Tndictment for forgery: The note
purported to be signed by John 7. Mozings per
mark but there was no mark in the blank space left
for such mark between the words per and mark,
and contended that the note of legal effect
and therefore, could not be the subject of forgery
Whether or not such note would or could deceive
anyone is question of fact for the jury and not OF
law for the court. The is very similar to "a Ind
359. See also 81 Ind. 81: The Indictment was good
on motion to quash. Judgment affirmed.
DITCH AssEssMENTs-CoLLA ATTACK.
1875 VIM. Albertson VS.. ex rel. Samuel B.
Wells. Hamilton G. c.
Franklin, C-Action by appellee to collect assess
ments for the construction of ditch. The Circuit
Court being court of general jurisdiction all
| reasonable preSumptions INDUCED in
favor of the action of the court, and where, in a
collateral attack, the record does not show
to the contrary it will be presumed that proper notice
of the tendency of the petition given. Il Ind,
$50; II i'd, 215i 81 i'd, 1907 Section go, r. S.
provides that the drainage act shall be literally con
srued and in accordance with the spirit of the stat
ute the complaint was sufficient Judgment affirmed
1876 William Albertson the State ex rel.
Wells. Hamilton G. G.
Franklin, C.-This case is between the same parties
and presents the questions the proceedings
the only difference is that in this demurrer was
filed to the complaint while in the other the demurrer
sustained to the thus reaching back to the
complaint the same as if it had been filed that plead
ing Judgment affirmed.
TREsPAss-DAMAGEs-C
10096. Susan Mackison Francis NJ. Clegg
Clark c. C.
Hammond This was an action for trespass in
forcbly entering appellants house and removing her
furniture thcrefrom; Where party is not
satisfied with the amount of damages
awarded him by the jury he must,
in his motion for trial, specify that there was
in the assessment of his damages on account of
such assessment being too small go Ind, g. 6S i'd,
124 20 i'd. 105.) The court did right in allowing
appellant only as much costs the amount of her
damages unless the title to real estate in issue
(Sec 500, r. s. As the record does not contain the
pleading and the evidence it is impossible for this
court say that the title 70 real estate involved
q Works Pr, sec 1919 1t devoves upon the APP
pellant to show afrmatvely that there error in
the proceedings of the trial court and if he fails to do
this the presumption is in favor of the correctness of
such proceedings q Ind, L. Mag, 1911 Judg-
ment affirmed.
APPEALS-CoNFLICTING EVIDENCE.
10953. Reuben W. Hudson James G. Wells
jackson, @. G.
Biclxnell c. C-Action by appellants to quiet their
title land and to procure satisfaction of mortgage
legged that Fish mortgaged the land to
Wells and then conveyed it to Browning who paid the
mortgage debt The controlling question in the case
is whether or not Wells was indebted to Browning.
The evidence upon that point conflicting, and in
such the court cannot disturb the finding upon
the weight of the evidence. go Ind, l17, COLI
Judgment affirmed.
The following cases were also decided
Williamson Wright vs. Richard Wilson. Cass, q.
c. Reversed. Best c.
Alex. S. Jones VS.. Charles Angel ST.. Tippecanoe,
c. C Affirmed Colerick, c..
John w. Hanna VS. John Fisher. Montgomery,
c. G. Reversed Elliott, j.
VIM. G. Lytton vs. John W. Baird. Monroe,
O. O. Rehaarinr denied