The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-17
The Court Record.
SUPREME COURT DECISIONS.
Hnn A = Mitrhol f,hiof 1919.

hon. j. A. ). Mitchell. Chief Justice.
1924. Mary E. Plunkett va. John W. Plum
kett ct al. Montgomery G. G. Reversed. Nib
lack, J.-Complaint by appellant that she was
divorced from appellee. Plunkett. and obtained
unpaid; that the said Plunkett has no
property, either real or personal. or the title to
which is in hrs NAME or which be levied on
and sold on execution; that at the time the
judgment was rendered. said Plunkett had no
property subject to execution except certain de-
scribed lots of the aggregate value of 50, 600;
that. although said Plunkett is the owner of
said property, and receives the rents and profits
thereof, he has. for long time, kept the title
the names of other persons; that such real
estate now appears OF record to be the property
OF one Hamilton, who is made co-defendant;
that Hamilton is not the owner. but conspired
with Plunkets in cheating and delaying the lat
ter's creditors IN agreeing. long before plaintiffs
judgment was rendered. TO take the title IN his
own name. Prayer for the sale OF said real
estate, etc. The complaint is sufficient as an
application to subject the lands described in it
60 sale for the satisfaction of the plaintiffs i11dr
ment. upon the theory that such lands are really
the property of Plunkett in the hands of Hamll-
ton as secret trust under merely colorado
and nominal title.
I4l48 John L. Davis treasurer, VS. The
Lake Shore & c. r. r. Co. DeKalb, c. G.. At
frrned. Elliott, J.-Complaint to eujoin q
County treasurer from collecting an assessment
for the cost of repairing ditch, levied by the
county surveyor under the provisions of Section
10. act OF April 8. 1885. l. The act is constitu-
tional. 2. The original proceedings are not as
sailed and it will be presumed that the
ditch was rightfully located on appellees right
of way. After lapse OF time the appellee cam
not be allowed to impeach the right of the off,
GERS TO locate and construct the ditch upon its
property. 3 The statute requires notice and
without some notice the proceedings of the sur
veyor void. f. Il was not necessary to
make the county defendant.
13208 George ". Cones, administrator va
The c., l.. St. L. & c. Railway Company
Boone C. c. Affirmed. Mitchell, C. 1.-THE
facts show that the deceased approached
the railroad crossing at a dangerously
rapid rate of speed. and that he drove
upon the track without reducing the pnce
Of his team and that. TOO. when he could have
seen and heard the train approaching in time to
have avoided injury il he had looked or listened.
Held: He guilty of negligence per Sc and
the company WAS not liable
SUPERIOR COURT
Room lion. n. B. Taylor judge
Henry Eicox ct al. VS. Mrs NJ j. Mayr: on
account. Finding and Judgment for plaintiff
for S344 So
John NJ Judah VS.. John J. Carriger: on note
Finding and Judgment for plaintiff $735. 90.
John e. McKendry vs.. Sinker Davis g. Co.;
damage. On trial BY jury.
Room 2-Hon. d. W. Howe. Judge.
john Grigsey vs. Lawrence Rowland; dam
ages. On trial by jury.
III. r. WATSON ROBBERS G. Light; note.
Judgment for 500 30.
NEW SUITS FILED.
Amanda Calvert vs. Cornslius higgins; COM