The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-14
The Court Record.
SUPREME COURT DECISIONS.

Hon j. A. s Mitchell. Ihief-justiee
1878 The State ex rel. Charles e. Dair
trustee Us. Henry Rondebush ct al. Reversed
Elliott. J.-Appellse's sureties executed bond
payable to the State of Indiana. in the penal
sum of 81 900. conditioned that as the principal
had been appointed, by the court, trustee 20 re-
eeive from the commissioner the proceeds of the
partition sale due q named beneficiary. he
should paw TO her the income. and. at her death,
TO the heirs OF another person. II he discharged
his duties the bond was to be void; otherwise. in
full effect. The trustee Was appointed by the
court, with the consent OF the parties, and the
bond approved. Suit by relator, as the success
sor of the principal on the bond, for breaches by
the latter. Held. by virtue OF the statute,
well as by virtue of the inherent chancery pow
ers possessed by all our courts OF general superb
or jurisdiction. the court had jurisdiction OF the
trust. Having jurisdiction TO give effect TO the
appointment OF the trustee and TO approve his
bond, it had also jurisdiction to appoint relator
his successor.
I2953. John NJ Nelson VS.. Henry welch.
Ohio G. 6. Reversed. Mitchell G. 1.-THE
jury on appeal 10 the Circuit Court IN this
reduced the verdict within few cents OF So.
Appsllees counsel. in the closiug areuments told
the jury: 1.-THE only object of the defense in this
case is TO reduce the judgment 50 and throw
this poor man into the costs. Their object Is
simply TO reduce the judgment below 500 To
this language defendant objected 81 tie time
Thereupon the counsel withdrew 1t and said
the jury should disregard it. The defendant
asked for new trial on the ground OF the mis-
conduct of counsel which was denied. Four
jurors signed affidavit that the remark did
not IL fiuence them. Held. that It was such mis-
conduct on the part of the attorney as to reverse
the Judgment.
1902 Charles Rehle. administrator. vs..
Barbara Hammesser. Fayette c. G. Renearing
l276o LIB. W. Railway Company vs..
Nancy Adamson OF al. Fountain q @ Rehear-
1906 T.. b. & w. Railway Company vs..
James L. Allen Fountain G. G. Rehearing
denied.
Room 2-Hong N h Taylor. n. w. Howe and Lewis
9. Walker, presiding.
State, on relation of L. T. Michener.vs Insane
Hospital Board of Trustees. Argument on de-
murrer.
Room Sion. Lewis G. Walker. Judge
Laura A. Wells VS.. Henry Duncan; breach OF
promise Dismissed for want of prosecution.
Mark Soulman VS.. Michael r. G. Gateiy &c a.;
account Dismissed.
new SUITS FILED.
Henrie e. Gay James ShafIer ct al; COM
plant on note. Demand. &l0O
Almer Mcpherson VS.. Edward Il. Rentschi
complaint on note. Demand, $3.50.
james Ross ct al VS. The Indiana Board OF
Agriculture; COMPLAINT for injunction.
Willis C. Vaien VS. Sample Loftin, tress-
of indianapolis; inplaint for Injunction
CIRCUIT COURT.
Hon. Thomas l. Sullivan, Judge.
Richard NJ Cosley VS.. Richard Leggo; APP
pealed from Smock, J. P. Trial By court I'm
der advisemenc
David A. Long. administrator of Augustine
Atoms estate, VS.. Supre me Lodge Knights and
Ladies of Honor Trial by court. Under ad-s
yisemeut.