The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-19
THE RECORD OF THE COURTS.
United States District Court
Hon. W. A. Woods, Judge.
1av--No ~suecial calls
Supreme Court.

Yesterday the following decisions were rendered:
No. 1928. John E. Jones ct al. VS.. Milton s.
In habeas corpus cases the Supreme Court, when a
case is before 1t on the evidence, will examine and
pass upon the suficiency of the evidence to sustain
the verdict. While the statute provides that the
pareLt shall have the custody of a minor child. the
best interest of the child is the paramount question.
In this case the evidence shows that the interests of
the child will be better subserved under the care of
appellants than appellee, its father.
No l2466. The State vs.. William Cooper eft al.
Sullivan &C. Affirmed. Mitchell, {. when all
t Q essential facts necessary to show the ground upon
which a ruling of the trial court was made appear
upon the face of the record no bill of exceptions is re-
Quired to present such ruli ng on appeal. But where
error is assigned because the court sustained a mo-
ton to discharge a prisoner, as the motion may be
based on matters entirely outside of the record unless
the matters are made a part of the record by order of
court or by bill of exceptions. no error is apparent on
the face of the record.
No. 1875. Mary J. Brown ct al. VS.. Elijah G.
Brown. Montgomery G. G. Affirmed. Elliott J.
Suit on an instrument to the effect that, whereas,
Scion Brown obtained of Elijah Brown $3 900 with
which he purchased a certain tract of land. Scion
Brown and wife would hereby turn over to said Elijah
the use and control of said land until sold, and when
sod the So, 900 and onehalf of the advance over,
together with the said 81, 900 that may be obtained
on the sale of said land. should be paid to said Elijah,
said Scion to put on the land $500 in improvements;
the taxes should be paid by. said Elijah and repairs
kept up by him. In case said Elijah should die before
the sale and the canceling of this paper, then the
s 5000 shall be a gift to said Scion, and this paper to
DO null and void. Held: That the instrument is an
equitable mo-: tgage and Elijah Brown is entitled to
have the land sold to pay his debt.
No. 1900. City of Madison VS.. John R.. Baker;
Jefferson c. G. Reversed. Niblack J.-(1.) Where a
complaint, in an action against a city for damages for
personal injuries caused by a defective street, AYERS
that the highway ~as within the corporate limits of
the city, and at the place where the injury occurred
the street was carelessly and negligently permitted to
be out of nepair, and that the city had knowledge that
it was so out of repair, it fairly and plainly implies
that the city had notice of the bad condition of the
street. and after verdict that notice was given will be
inferred. (2) But the evidence fails to show that
the city had notice, and as this is essential to create its
liability the evidence is insufficient.
No. 1922. John Rotach VS.. John McCarty.
Marion q. @. Rehearing denied.
No. 1873. David Lowery VS.. William Carver.
Hamil on Q. @. Reinstated if appellant pays costs
and files brief within thirty days.
No. 12l11. William J. Holman ct al. We. George
w. Gibson. Huntington G. @. Reinstated on above
conditions.