The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-11-28
The Court Record.
SUPREME COURT DECISIONS.

No. 1886. City of Richmond VS.. James E..
Mulholland. Wayne G. G. Affirmed. Elliott,
J.-Appellee recovered a judgment against the
city for failure to keep a street in a safe con-
edge on the appellee's part that there was q de-
feet in the street did not of itself show contrib
utory negligence. While the plaintiff knew of
an inequality 10 the street. the evidence does
not show that he knew that it made the street
unsafe.
No. 13407. George NJ. Wright. admr.. VS..
Martha Moody ct al. Shelby c. c. Affirmed.
Mitchell, IAN express trust in land, unless
declared by a writing, duly signed, cannot be
enforced. Where the owner of real estate,
without at the same time declaring o valid trust,
makes a voluntary conveyance to another in
pursuance to an oral or imperfect agreement
that the latter shall reconvey to the owner.
who orally agrees TO hold for the benefit of the
owner, or to convey to some third person, at the
request Of the owner, there is no resulting trust
enforceable by the proposed donee. Trusts will
not be created by equitable construction unless
there has been fraud. and it is necessary to pre-
vent a failure Of justice. IA
No. 1895. John Mcclure vs.. State of Indiana.
Knox G. G. Affirmed, Howk, C.. i'm Grim
inal cases whore a new trial is asked on the
grounds of newly discovered evidence" or OF
accident and surprise" they must be sustained
by affidavits showing their truth. Such AFT
davits must be made part OF the record, either
by bill Of exceptions or by an order of the court,
or they cannot De considered on appeal.
No. 14l42. Anthony B. Shilling vs. State Of
Indiana. Montgomery c. &. Reversed, collars,
Jan indictment charging a person with
having ~unlawfully sold intoxicating LIQUORS with
out q license, to be drunk 10 aud about his house
where the same was sold, is not sustained by
evidence that the sale was from q wagon on the
public highway. Judicial construction Of Grim
inal statutes cannot be so liberal as to make an
open wagon q house within the meaning of the
statute.
No. I4360. State of Indiana VS.. Andrew Gun
ningham. st. Joseph c. C. Affirmed, Niblack. J.
I'm q prosecution charging perjury in a judicial
proceeding, the indictment must allege the ma
~teriality Of the matters testified to in the orig
inal action. esi1
l45l9. Samuel Soudheim OF al. VS.. John Gil.
bert, assignee. etc. Vsnderbure Z. c. Re
versed. Mitchell. IA negotiable promissory
note given for options, In the absence of q stat.
ute making such notes void. is enforceable in
the hands OF an innocent purchaser for value
before maturity.
1855. Louisville, New Albany & Chicago Rail
way Company vs.. Erastus W. Hubbard. Car
roll c. 9. Affirmed. Elliott, J.-Whers one
person renders services at tbs request Of another
his right to compensation is not affected by a
contract with a third person Of which he had no
ge, even though such third person re-
ceived the benefit of the services. A receipt for
services under one contract is not evidence of
payment for services under another and distinct
contract. Responsibility is a proper element in
sting the value of services. 1t is not error
TO REJECT lutefroGatorieS winch call LOT q nnQfng
on mere items Of evidence; only such ss will
elicit material facts need be submitted to the
jury. The amount of the demand in a former
action is not conclusive in q later action; il is,
however, competent as an admission.
UNITED STATES DISTRICT COURT.
Hon. Walter Q. Gresham. Judge.
Lewis c. Rogers VS.. John King. George W.
Richardson and Allen A. Russell; three separate
cases; Infringement OF patent. On trial.
DISTRICT COURT.
Hon. W. A. Woods, Judge.
United States va. Levi Irwin; violating pension
laws. Guilty; sentence, thirty days in Hen
bricks county jail.
United States VS.. John T. Taylor; viola ting
pension laws. Guilty; sentence, thirty days iu
Hendricks county jail.
United States VS.. John Balm: passing counter
felt money. Guilty; sentence, one year in Mich
igan City prison.
United States VS.. VIM. Balm; passing counter
felt money. Acquitted.
SUPERIOR COURT.
Room l-Hon. N. b. Faylor, Judge.
Margaret Law VS.. Jos. W. Law; divorce; absn-
donment. Granted TO plaintiff.
j. II. Sharpe. jr., ct al. VS.. Elizabeth Hellmer;
on sale of real estate. Cause dismissed.
Room 2-Hon ID. W. Howe, Judge.
James A. Everett VS.. James NJ BAlfour; dam
ages. Trial by jury. Verdict for plaintiff for
Sl7i44
Eliza j knight ct al. vs.. Franz Hoffman ct
al, account. Judgment for plaintiff for CSC. 76.
Ibaac w. Sampler VS.. Frank Ankenbrock; note.
Judgment for plaintiff for so.
Room s-Hon. Lewis C. Walker, Judge.
Mary A. Langston VS.. Leander Langstou; d.
vorce. Granted plaiutiff for fnilure to nrovida