The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-31
Tha Conrr Record.
SUPREME COURT DECISIONS.
hon. j. A. :. Mitchell, Chief-justice.


1907. Wilson Waterman vs. Nancy e. Nor
gan ct al. Hamilton, G. C. Affirmed. collars,
J.-Where one being old and DESTROYS of divid-
ing his properly without will, deeds q portion
OF the land to and the other portion 30
husbands Of his two granddaughter. and at the
Ana time agrees with the grantees that
sideratIon of the land they will pay to other
minor heirs certain sum, such provision is
neither gift inter vivEs donation morris
causa, but q settlement of a portion of the es-
tate upon the minor heirs in such beneficial
way as not to REQUIRE acceptance their
part and which may be enforced by the latter.
The contract provided further that notes were
to be executed evldencing the debt. but they
were executed subsequently,. The grandfather
changed his mind and took them in his own
name. The contract being complete and the
rights and obligations of the.parties fixed, he
could not by a subsequent change OF mind and
the taking of notes payable to himself over
throw the rights of the grandchildren. An
attorney In a cause who is afterward elected
judge cannot sign a bill Of exceptions in that
cause.
1898. Henry W. Smith ct al vs.. Morris SELF
ct al Clay G. G. Reversed. Mitchell G. j.
Where q complaint by partnership creditors to
set aside fraudulent conveyance of real estate
does not allege that there were individual
creditors, If otherwise sufficient, is good. 2 If
the setting aside OF conveyance results in
benefit to the creditors ard does nothing more
than merely harass the parties to it, o. il the
debtor has no substantial interest IL: the proper
ty conveyed, equity will refuse it's interference
When conveyance of property has been re-
ceived from fraudulent grantor without guilty
as do not divert it from the payment of his debts
nor inflict substantial injury creditors equity
will nor interfere
l420S Frank Sheplsr vs. State Wells G. c.
Affirmed Nib!ack J.-Indictnent of druggist
for selling Intoxicating liquors Sunday with
out prescription from physician. Held that
the prosecution was not Dissertation OF the Sab
bath within the meaning of Sec 1894. and it need
not be commenced within six months after the
commission of the offense- 2 A trial and
acQuital on void Indictment will not be bar
to another trial for the same crime.
1881 Alonzo L. Jaqua vs.. John W. Head
ington ct al. Jay G. G. Reversed. Elliott. j.
When the sum named Is declared to be fixed as
liquidated damages is not greatly disproportion-
ate TO the loss that may result from a breach,
and the damages are not measurable by any
exact pecuniary standard, the designated
will be deemed to be stipulated damages. One
party bought ground OF another, and, as part of
the consideration, promises to make street ex-
tensions through it. A bond was executed in
the penal of $3.50, ''the same to be recov-
cred as liquidated damages for the performance
of the work. Held. that the grantor could re-
cover liquidated damages.
1880 Indianapolis Chair misunderstanding
Company ct al. We. Frank e. Helwig. Marion
S. G. Dismissed by agreement of parties.
SUPERIOR COURT.
Room lion. N. b. Taylor. Judge
John w. Dean VS.. Jas. w. Lauktree ct al; on
bond. Judgment on verdict for defendants.
VIM. Hartman VanCamp Packing Com
pany; on contract Judgment on verdict for
plaintiff for $126.
Room 2-Hon. d. W. Howe~Judge.
Mary Bibiey VS.. Conrad Bibiey; divorce. On
trial by court. Divorce granted plaintiff.
Storm & Hill VS.. William NJ Jones; suit on
Judgment for plaintiff for 1920.
NEW SUITS FILED.
Margaret Henderson VS.. David j. Henderson;
complaint for divorce. Allegation, abandonment.
Elzuna Shaffer James 9. Shaffer;
plant for divorce Allegation, abandonment
Herman Cordes VS.. Waiter S. Howell ct al;
complaint mechanics lien Demand. $500
The Equitable Accident Insurance Company,
of Cincinnati, o., Vs. David E. Stout, Geo. F.
Branham and Edward C. Egan; complaint on
bonds. Demand, $4,000.
CRIMINAL COURT.
Hon. William irwin, Judge.
State vs. Peter Treator; engaging in prize
fight. Trial By jury; found guilty, and fined $50
and costs.
State VS.. Charles Lewis; grand larceny Mo-
ton for a new trial made and overruled.
State vs.. William Silvey and Cornelius Lynch;
drunkenness. Trial by court, and acquitted.