The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-10
The Court Record.
SUPREME COURT DECISIONS.

SUPREME COURT DECISIONS.
Hon. J. A. .. Mitchell. Chef-justice.
13263 George PfafenberRer ct al W. Peter
Platter OF al. jackson G. G. Affirmed. Elliott,
J.-Appellants, judgment. creditors OF one
Shields, had execution issued AGAINST his land
which was sold TO appellant Pfsffenberrer for
5000. who bid for all of appellants and entered a
;redit on the Judgment for $548 and paid the
the balance in cash for cost Before the year
for redemption expired the JUDGMENT debtors
made an assignment to sppsllees for their credit
ors The agreement between the parties to the
assignment was that the proceeds realized from
the property so sold should be applied 70 the ex-
penses OF the assignment. TO the redemption of
lands sold on execution. to the payment of liens
in their priority and to the pay mont pro rata of
other claims. The land sold to Pfaffsnberger
was sold for $500. and appellees paid appellants
$50 go and refused TO pay more. Appellees an
swered the complaint setting forth the above facts
that the judgment on which tho appellants pur-
chased the land was junior to 90 many other
judgments as to render the appellants lien of no
value; that they desired to get back the money
paid a. costs and agreed that it appellees wo uld
pay that sum to them they would surrender all
claim to the land; that suchIsum Was paid. which
was accepted in satisfaction OF their lien and
claim. Held in suit against the assignees by
appellants that the answer 10 good
1925. James j. Anderson OF al vs.. Columbus
Z Lipe. Knox c. G. Reversed. Howk, J.-H
a complaint in q suit originating before justice
Of the peace informs the defendant Of the
nature of the plaintiffs cause Of action, and is
explicit that . judgment thereon may be
used as . bar to another suit for the same cause
of action. IL is error for the court below, after
the trial of the cause, and the finding Of the
court for the plaintiffs on such complaint, to
sustain the defendants motion In arrest Of judg-
ment on the ground that the complaint does not
state facts sufficient
Rhodes ct al. Orange G. @. Affirmed Mitchell
G. il. Technical accuracy is not necessary In
the description of . proposed lire OF road. 1t 10
enough that the general description shall be
such that surveyor can. with the assistance Of
the points definitely named, trace and designate
the proposed route. In petition to locate q
highway, it 10 not necessary to set out descrip-
ton OF each separate tract OF land, with the
name of the owner II 1t were. the remedy is
in arrest of Judgment. 3. An averment that
the proposed highway would not be of sufficient
public utility is a negation pregnant, and is
equivalent to an admission that 1t would be- 4.
The Circuit Court has no power on appeal to
order The county board to correct its record in
such proceedings.
l4o7e: Lorin Q. Cutler VS.. Lucy @ Cutler.
White G. G.
l4l5l. sussnnsh Ballew VS.. Lewis B. Roller
l4l6l. John Sanders VS.. Edward H. Craw-
ford. Steubeu G. G.
14l5a Doras j. Baker ct al va German
Fire Insurance Company. Marion S. G.
l4209 Pennsylvania Company vs. Jasper N.
Finney. Porter G. c.
l4l24 John G. Stofft OF al vs.. John Her
rell Vanderburg c. c.
1873 Edward Keefe, administrators, w..
Matilda Keefe. Allen G. @.
SUPERIOR COURT.
Room lion. N. B. Taylor. Judge.
DAVID d. Brunk vs. Samuel Sawyer ct al; to
recover money. Verdict for plaintiff against
defendant Sawyer for Sl0267
Elizabeth Williams VS.. Ferd Roucher ct al ;
to quiet title. Under advisement
Sophia Greenwald vs.. William Upton; ap-
pealed from Judkins j. p. On trial by jury.
Room 2-Hon. .. o. Pickens, Judge.
Thomas Wren vs.. City Of Indianapolis; dam
ages. On trial by jury.
Room 3-Hon Lewis O. Walker, Judge.
Susan jefferson We. Carl Moller: account
judgement for $242 SO.
NEW SUITS FILED.
Jacob Miller W. Carrie Miller; complaint for
divorce. Allegation, cruel treatment
The Newark Machine Company vs.. II. 7. Sc
burn ct al; complaint on notes. Demand, $4OO
The Indianapolis National Bank vs.. George
w. Harlan; complaints to foreclose mortgage.
CIRCUIT COURT.
Hon. Thomas L. Sullivan. judge
S. P. Piero W.. Albert Hitzelberger appeal
dismissed at costs Of defendant.
CRIMINAL COURT.
Hon. William Irwin. Judge.
State VI. John Stull; arson On trial by jury.