The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-29

Niblack. i'll The act of 1885 does not change
the rule that the sender of telegraphic mes
sage is only entitled recover the statutory
penalty. 2 A telegraph company is only liable
for sach damages naturally flow from the
breach of duty complained Of or such as may
fairly be supposed To have been within the con-
temptation of the parties as a possible result at
the time the dispatch sent The damages
must result from the default of the company as
proximate cause. In delivering what was fair
" within the contemplation of the parties when
the dispatch was sent the terms. or contents OF
tie dispatch may be taken into consideration.
1851. G.. III 81 L Railroad Company vs..
Benjamin Clifford. Fayette c. G. Reversed.
Elliott J.-Where the original and amendatory
acts are both passed at the same session, with
an interval of four days elapsing between them
and there is no acceptance of the provisions oil
them during that interval, the amendaiory act
is valid. private citizen cannot, by q DOS
sessory action. take any advantage OF the failure
of a railroad to complete its road within a GER
tain time The State alone has the right to en-
force that duty or sue for its breach. 8 The
Legislature may make ehsngs in the nature or
remedies, T. Where a railroad enters upon
land without right it is a trespass, and an
action may, if reasonably prosecuted.
be maintained against it to recover
right and possession is wrongfully withheld. an
action for possession will lie, unless, by some act
omission, the land owner has preciuded him
self from asserting his right to possession. D.
Complaint for the possession of land Verdict:
.We, the jury, find for the plaintiff, and assess
his damages at S42n The verdict is defective.
1t was impossible for the court TO render the
13Os9 Thos. J. Bostwick ct al vs.. Emma
Bryant Elkhart G. G. Reversed collars.
J.-Where the maker of a non-negotaoie note
is made defendant to proceedings supplementary
to execution against the payee and Judgment
rendered against him, no judgment can De
rendered against him the note and he may
where judgment in the supplementary proceed
ings was rendered before he had notice or the
assignment, use the Judgment ms defense to
an action on the note; the sureties on th1 note
may avail themselves of the Judgment as de-
Tense.
1855 Frank Fisher vs.. Tillman H. Fisher
Huntington G. c. Reversed Howk. IA
psa o. IN am
on note. the maker pleads that the note was
gwen upon illegal consideration, he must
state fully and clearly all the facts which en-
tered into the consideration of the note. It Is
not sufficient siiege t'thss the only considera-
ton was the payment or margins on wheat tnas
had never been delivered to defendant. -
1860 City OF Lafayette VS.. Sar ah A. Magic.
Clinton G. c. Rehearing denied
1905 State ex rel. Emily Hudspeth VS..
Lewis Cooper ct al Knox c. c. Rehearing
granted
SUPERIOR COURT
Room I-Bon. N. B. Taylor. Judge.
Fred L. McGahan We. A j. Poole; to recover
letters patent On trial by court
James L. Stevenson ct al. vs. A. w. Bradley:
account. Finding and Judgment for plaintiff
for $10Z1s. Defendants claim rejected.
Room 2-Hon. D. w. Howe. Judge
Hiram Julian VS. the Acme Milling Company;
salary. On trial by jury.
Room 3-Hon. Lewis c. Walker. Judge
David H. Crews VS.. Lake Erie & Western
Railroad Company; damages. Verdict for the
defendant
NEW SUITS FILED.
Emil Coleman ct al Us. Theodore Pfafiin ct
al: complaint account. Demand. $780,
George w. Spahr Albert Calvin; complaint
account Demand, $l75.
The State OF Indiana, on relation of Louis r.
Kitchener, Attorney general. VS.. Bartholomew
Burrell; information in quo warranto.
Robert n. Lamb ct al VS.. Christopher Mad
sen ct al; complaint to foreclose mortgage
CIRCUIT COURT
Hon. Thomas l.. Sullivan, Judge.
Francis NJ Apple vs.. Board of Commissioners;
damages. Jury returns verdict for defendant
Mary CULVER vs. Elizabeth Byrket ct al; ma
licious prosecution. On trial by jury.
CRIMINAL COURT
Hon. William Irwin. Judge.
State vs.. James Shea; burglary and grand
larceny Trial by court. Found guilty and
sentenced to pententiary for SIX years.
State vs. Joseph Garriger; arson. Trial by
jury. Acquitted.