The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-04-13
The Court Record.
supREME COURT DECISIONS.


1900 Charles Morris rs. State ex rel. Jane
Address. Switzerland c. G. Affirmed, Mitchell,
c. J.-Proceedings IN bastardy are commenced
by capias and in cases tins commenced the
jurisdiction of justices il not limited to their
township, but is co-extensive with the county
in which they reside & Ii IS within the dis
erection of the trial conrt 10 making an order for
the maintenance of the child to render judg-
ment that the deferred payments should
draw interest
1877 VIM. Weir VS.. State. Tinpecanoe G. G.
Affirmed. collars, J.--When the transcript
shows, in a originating before a justice.
affidavit fled, the arrest OF appellant,
his presence in court IN person and by attor-
ney, trial by jury, verdict of guilty and
and judgment upon the verdict, the Judgment
will not be reversed in the Supreme Court be-
cause the record does not afhrmatlvelY show
arraignment of the accused.
1873 The State ex rel Lewis P Williams
vs.. Chauneey E. Edwards Blackford @. G.
Reversed. Howk, An election or appoint
menr of a county superintendent by township
trustees by the adoption of a resolution decar-
ing person appon ted to that office. upon the
casting vote of the auditor or clerk of such cleo
ton. is void. Under the statute a county au
ditor has power to cast vote In case OF tie.
There is tie within the meaning ofthe stat
ute when one half OF the trustees vote for one
person and the other half cast their votes in
blank, for fictitious person, or against the
adoption of resolution declaring ths election
of the person named to the Office. In order that
such resolution may be adopted majority oil
the trustees must vote for it. Bee ause one
half voted for it and the other half against il
there is no tie authorizing the auditor to vote.
141T9 Citizens Gas and Mining Company vs.
Town of Elwood. Madison G. e. Affirmed.
Elliott J.-Town trustees have no authority to
grant q natural-gas company the exclusive right
to the streets of the towns. z. Although
the town officers may thus violate the law, an
other company cannot take advantage of the
wrong OF the corporate officers and use the
streets without their license; and, although such
officers may have failed in their duty as the rep
resentatives of the town. they may ask the court
60 enjoin such compAnv's use of the streets with
out license. 3. Under the rules of the com
mon law. as we'll as under the provisions of our
statute. the subject of supplying towns and
cities with natural gas must be regulated BY z
general ofdDancs--not special grants-and that
ordinance must not unfairly discriminate be-
tween competing companies.
SUPERIOR COURT
Room I-Ron. N. b. Taylor. Judge
John Reed VS.. County Commissioners; dam
ages. Verdict for plaintiff for $l20.
Adam Herein vs.. VIM. FL. Spahr; on judg-
mens. Judgment on demurrer for plaintiff for
Room 2-IIon. D. w. Howe. Judge.
Moses Mccain vs. Mary McClain; divorce
Granted on ground of abandoument.
G. F. Edward Raschig Lucy B. Barrett ct
AL; foreclosure. Tried by court Judgment
for plaintiff.
NEW SUITS FILED.
Nellie c. Hopper ct al va. Fannie B. Capito
ct al; complaints to contest will of Sarah j.
Capito
Henry Pence "a Thomas j. Cummings; COM
plant on contract Demand $160.
Bridget Goodwin Hugh Goodwin and
Kingan & Co; complaint for support. Demand,
5000 per annum.
Gustave D. CHASER and Alfred Kohn vs. Joseph
p. Kseter and Latta P. Hooker; complaint sup
elementary to execution.
Mary e. Wetheril trustee, VS.. Sarah j. Doug
lass; complaint 90 foreclose mortgage.
Thomas J. Bryant vs. James B. Middleton;
complaint for damages Demand, 81. 900.
CIRCUIT COURT
Hon. Thomas L Sullivan. Judge.
Walter L. Secrees VS. William j. Hugo ct al
Cause dismissed by plaintiff.
Jessie N. Stevens vs.. john NJ. E. Stevens; de
vorce Decree granted plaintiff grouns: of
cruelty and failure to provide. Custody of child
given to plaintiff; also restoration of maiden
name aud alimouy for $500.