The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-10
The Court Record.
SUPREME COURT DECISIONS

/ SUPREME COURT DECISIONS
Hon j. a. s. Mitchell. 5hief-justice.
I4Os5 Conrad Schiunger vs.. State. Wells
/ c. c. Affirmed. Mitchell, C. il When the
1 record is silent to the authority or want OF
| authority of the presiding Judge to act in that
/ capacity and question Was made concerning
bis appointments below, it is too late to raise the
| question hare 2 What purports to be .
bill of exceptions, signed by the judge pro tenn
pore. in which the fact 10 recited that the cause
| was tried before the judge by the mutual agree
mept OF the parties. alta regular term of the
court. without any appointment IN writing. can
not be regarded part of the record II is not
bill OF exceptions. nothing more than written
statement
14ol4. Tyner vanvactor vs.. State Marshall
G. c. Reversed Niblack, IA school teacher
has general right of chastisemenE for all
offenses as has thesparent- The teachers right
in that respect 10 restricted to the limits OF his
Jurisdiction and responsibility as teacher But
within those limits teacher may exact COM
pliance with all reasonable demands and may.
in kind spirit, nfiict corporal punishment upon
pupil for disooediencs. This punishment
ought always TO be spportioned to the gravity of
tho offense and within the bounds OF moderation.
Where no improper weapon has been employed,
the presumption will be until the contrary Is
made 90 appear that what WAS done was
rightly DONE To support charge of ASSAULT
and battery, it is necessary to show that the act
complained of was Intentionally committed In
of chattisement of pupil. the intent may
be inferred from the unreasonabieness OF the
method adopted, or the excess or force en-
pioyed. Appellant school-teacher. was con-
victed of assault and battery on pupil. The
pupil was boy sixteen years old. and the
weapon switch. The boy committed a. serious
breach of department., and if the blows were
harder than ought to have been given the error
seems to have been one of Judgment
1906 Sinker. Davis s. Co. VS.. Eli Green.
Hamilton G. G. Reversed Elliott. J.7-Rsversed
the authority of Sinker, Davis SSJGos Tvs.
Green. OF be
1897 John Lswellen VS.. George Crane ct al.
Montgomery C. C. Affirmed. HowkpJ -~A de-
murrer which uses the words "a defense, Doin-
stead of the statutory words. "A cause of de-
fense." is sufficient to present the question OF tho
suficiency of tae answer 60 constitute "a cause
of defense. q The court, in passing9on a De-
murrer looks at the pleading and the demurrer
to determine its suf6ciency. and not to- shat IS
disclosed by the record. e.
1897 Wallace Highs ct al. vs. Isaac Qlaman.
Leave to amend assignment OF error granted. 8
1000. John Meyer ct al va. James I'll. Cor
dom La Porte G G. Rehearlne denied I q.
Shelby c. C. Rehearing denied. go
SUPERIOR COURT @ies g
Foom I-Hon. N B. Taylor, judge +4se i
Mary E. Dittsmoreys. John W. Ditternore; di-
vorce. On trial by court. X esfe yssss
Room 2-Hon Austin IT. Denny, Acting Judge. 80
John Davis vs. Rebecca E. Davis; divorce.
Trial by court Taken under advisement
Room s-Hon- Lewis q. Walker. judge. g
Otto III. Hasselnan VS.. Mary A. Gifmores at
tachment judgement for 1921 g. ,.s4 $3.50
Anna Carmichael We. The knights and Ladies
$591. 25. e0S7a
John E. Estel vs. Waldo T. Davis ct all: note
and chat.el mortgage. Judgment for plaintiff.
NEW SUITS FILED yf,
Mary V. Rorison VS.. John Medert and Brain
ard Rorison: complaint for dissolution of part
nership and accounting
Milton S. Huey ct al VS. Samuel p Owens
ct al: complaint notes and for foreclosure of
mortgage Demand. $500
A W. Thompson ct al. vs. John r. Bensley:
CO mplaint and affidavit in attachment Demand
81. 900.
Edward Griffin VS.. Sallie Griffin: complaint
for divorce. Allegation, abandonment.
Charles John ct al. VS.. George P. Marott:s suit
to foreclose mortgage and quiet title. "a
George f. Jones vs.. Harry d. Pierce ct al.;,s
complaint to foreclose mechanics lien. De-
mand, S14
Margaret Maloney VS.. Thomas Maloney; COM
plaint for divorce Allegation, abandonment
and cruel treatment
Milton Ponder VS.. Charles Lingstrock eft ak
complaint account. Demand 800. q .
William V. Rocker The Missouri Pacific 4
Railroad Company ct al; suit for damages. De-
mand, 1870.
CRIMINAL COURT
hon. VIM A. IRWIN. judge
State VS.. Della Newton: profanity. Trial by
court Found guilty and fiaed 81 and costs.
State Max Wolf; assault and battery.
Nollied.
State VS.. Henry Trevan; wife desertionsINol-
lied.
State We. Louis Tomberlind; drawing deadly i
weapons. On trial s1ssa