The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-05-09
The Court Record.
SUPREME COURT DECISIONS.

Hon. J. A. y. Mitchell. Chief-justice.
1924. VIM. Jennisor va Matilda Jennison.
warrick G. c. Reversed. Niblack. IA wife
who joins her husband in the execution Of q
mortgage ON his lands to secure his debt is not
. surety in such . sense that upon sale OF the
mortgaged property she is entitled to recover
the amount that one-third of the property sold
for. lSec. 5119 r. S.
1872. Solomon +. Diliman vs.; VIM; Barber,
executor. Miami G. c. Affirmed collars. J.
Section 2402 r. S. ct seq. as amended facts
1883, p. 162, Sec. 27l prescribes the method by
which an interested party may have final set
Element OF q decedents estate set aside and that
method must be pursued II party appears at
the final settlement he can have no relief under
the statute. Having appeared by counsel at
the final settlement he cannot Afterward have
the final settlement set aside on the ground Of
illegality in the settlement
1922. Thomas E. Garvin VS.. Jacob Dansa-
man ct al Vancerburg G. G. Affirmed.
Mitchell. C. 1.-The city OF Evansville derives
its existence as q municipality from special
charter. Section 58 Of that charter provides for
the improvement and repair Of streets The
Council, in pursuance of that authority. enact
ed general ordinance for the Improvement Of
a street. It is insisted by appellant that the as
sessment made against his property was invalid
because neither the charter nor the ordinance
make any provision for notice to property own
s.s affected, or for an appeal from the precept;
that such ordinance is in contravention OF thu
federal Constitution, which declares that no
State shall deprive any person OF his property
without due process OF law. AS tie proceeding
to enforce the assessment could only be en-
forced by legal proceedings n court having
jurisdiction, such proceeding could only be
taken in pursuance of notice and in court
In which ample opportunity would be afforded
for questioning the validity OF the proceedings
for improving the street and the legality of the
assessment, the constitutional provision would
be deemed satisfied.
1926. Mark G. Moore ct al vs.. State ex rel.
Matthew q. Miller. Boone G. c. Affirmed.
Howk, J.-When the issues in cause were not
and CO uld not have been htigated In former
seton there is no adjudication. 2. The fourth
statutory cause for q new trial is only proper In
cases Of torts
1915. Robert E. Hughes ct al. Vs. John
Beges ct. al. Clark G. G. Reversed. Elliott, j.
If part Of 40 highway ceases to be OF public
utility it may be vacated. 2 Witnesses cannot
give their opinion as to the utility of vacating a
highway.
1884 John Downs ct al. vs.lLewellen F.
Crigler. Montgomery G. c. Dismissed.
SUPERIOR COURT.
Room Hon. N. B. Taylor. Judge.
David D. Brunk Vs. Samuel Sawyer ct al; to
recover money. On trial by jury.
Joshua Hueston VS.. Chicago. ST. Louis &
Pittsburg Railway Company; from Judkins, j.
P. Appeal dismissed.
VIM. Wallace (receiver) vs.. Melvina Holland
ct al; foreclosure Mortgage forecosed and
finding for plaintiff for $24060
Room 2-hon. d. w. Howe. Judge.
Margaret Campbell vs.. Rufus Campbell; di-
vorce. Cause dismissed.
John w. Friend VS.. Charles Gorsuch; fore
closure. Judgment for plaintiff for $685.. So
VIM. H. Neff VS.. Alice E. Neff: divorce On
trial by court
Wesley Hare ct al. VS.. Sarah Owens; note.
Dismissed.
Room 2-Hon. Samuel O. Pickens, Judge pro tenn
Thomas Wren vs.. City of Indianapolis; dam
ages. On trial by jury.
Room 3-Hon- Lewis q. Walker, Judge.
Clara A johnson VS.. VIM. l.. johnson; motion
to modify divorce decree. Refused
Matilda Mahood VS.. Geo. p. Manhood; divorce.
Granted on grounds of abandonment
NEW SUIT FILED.
Fsnton Southern VS.. America Southern; com
plant for divorce. Allegation, abandonment
CIRCUIT COURT.
Hon. Thomas L. Sullivan. Judge.
Samuel M. Bruce vs.. George Fl. Carter; &C
count Dismissed at cost of plaintiff
Luella Brumfeld vs.. Perry Brumfeld; divorce.
Decree granted plaintiff on proof Of abandon
ment and failure to provide
CRIMINAL COURT.
Hon. William Irwin, Judge
State We. John Stul; arson. On trial by jury.