The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-28
did not cover the amount of the draft by SIS.
and that amount Mr. Baxter has refused to pay
The Court Record.
SUPREME COURT DECISIONS.


Hon. j. A. > Mitchell. Ghief-iustce
1887 John A Ross vs. Nathan g. Srackhonse.
Tippecanoe c. c. Reversed. Mitchell, G. j.
A Common Council passed ordinance provid-
ing for the improvement of a certain street. The
ordinance further required that the city clerk
should advertise for bids. after the specifications
had been prepared by the engineer and adopted
by the Council. and that the cost be assessed
against abutsing property. The letting OF the
work was duly advertised, and at a regular meet
ing of the Council all the bids were
rejected. Subsequently the gCouneil recon
sldsred its vote, and appellants bid
being the lowest he was given the work.
The work duly done and approved before
the precept was ordered. 1t is insisted that the
proceedings of the Council ordering the work
were void, because once having exercised the
right of decision it's power to let.the work was
hausted. Held. that who acquiesces, with
knowledge. until after the Improvement is made
cannot escape payment, even though some
dtion necessary to the attaching of jurisdiction
Of the Council has not been observed or is irreg-
ular.
I41S8 Oscar Ard ct al vs. State Montgom-
cry C. c. Affirmed. Howk. J.-When a party
arrested on warrant applies for continuance
and enters into a recogniZance and then appear
ing on the day to which the cause is continued
for the 6rst time objects to the suficiency of
the warrant. there is available error in over
ruling his motion to quash the warrant 2 An
affidavit before justice for obstructing high
way which names some of the persons as five
other persons whose names are to af1ant I'M
known" is sufficient The rule In criminal
pleading provided in Section 1855. r. s., is ap-
plicable to such an affidavit 3. In prosecu-
ton for obstructing highway. the prosecutor
is entitled to the statutory fees before the JUS
tice, and they are not affected by an appeal to
the Circuit Court unless the trial there results
in verdict for the defendant.
1879. Daniel Barton Enterprise Loan
and Building Association. Wabash, C. C. At
frmed. Elliott, J-Where the articles of
citation OF building association provided that
the association continue eight years, such
association cannot dissolve itself by resolu-
ton before that time unless ali the shar eholders
consent, all the stock Is redeemed at its value
2 Where the shareholders all agreed that the
members who took money and paid dues, and
interest. and agreed to take the money advanced
to them in full for their stock should not be
quired to pay back the money advanced in such
case there are assets except the money in
the treasury. The association proposing to dis
tribute that there is need of receiver.
$1,000. George F. Beshore ct al. VS.: Sarah E.
Lytle Grant G. C. Affirmed Niblack j.
A testator provided that his wife should have
sole control and of his estate for the support
and maintenance of herself and child as long as
she remained his widow
Held that the widow, having accepted the
terms OF the will, was trustee charged with
the management and control of the properly,
coupled only with beneficiary interest in its
use during the continuance of the trust; that
upon the subsequent marriage of the widow
the trust was at end: that the will made
no further disposition of the property the law
of deseents governed it's distribution; that the
acceptance of the terms of the will By the widow
was not inconsistent with her contingent share
in the estate under the law and there was
hnQuishment by her of all further claim In the
estate; that therefore, the trust having expired
one-half by law went TO the widow and the other
half of the estate went to the child.
SUPERIOR COURT
Room lion. N. B. Taylor. Judge.
First National Bank of Indianapolis VS.. Chas
Fl. Walcott bank check. Finding for
PENDANT.
Frank NJ Dell vs.. City of indianapolis; on ap-
peal Appeal dismissed by plaintiff
John W. Dean James w. Langtree ct al;
bond. On trial by jury.
Susie L. Martin Frank NJ Martin; divorce
Decree granted ground of cruel treatment
and failure to provide.
Room 2-Hon. D. W. Howe. Judge.
Elizabeth Schwanberger vs. John Stout; dam
ages. On trial by jury.
Room 5-Hon. Livingston Rowland. Acting Judge.
Theodore Wagner VS.. the County Commits
sioners; claim for fees. On trial by jury.
NEW SUITS FILED.
Edward Schurmann VS.. Warren Reedy: com.
plant on account. Demand. 1925.
Benedict Baunnorth Emaline Masuer ct
al; complaint account. Demand, $500.
James II. Banning James P. Weaver
complaint notes, and for foreclosure of
mortgage. Demand. 1920.
Michael Kain The Home Benefit Associ-
alton; on policy Appeal from Judkins, J. P.
CRIMINAL COURT.
Hon. William Irwin Judge.
State vs. Charles Lewis; grand larceny. On
trial by jury.