The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-12-20


CPREME DECISIONS.
1913. The Citizens Bank VS.. Frank Boz
len ct al. Jay &. G.. Affirmed. Berkshire,
special finding shows that on Oct:
20. 1885. the appellee, Frank Bolen, owned
real estate of the value of $3.50 until 1886,
when he conveyed, his wife. co-appellee.
Joining, the same to one T~ieeters,
in consideration of Teeters assuming in
cumbrances and debts amounting to $3.50,
and the conveyance by Teeters to Mrs. Boz
OF $500. Among other encumberances, there
a mortgage for $40 in which Mrs. Bo-
len had joined. At the instance of the lat
ter her husband caused the conveyance to
be executed to her in consideration OF the
execution by her of the deed to Teeters.
She knew of the financial condition of her
at this time. When she joined in
the conveyance her inchOate right was of
the value of 5000. After the conveyance
to Teeters, the husband was still indebted
in the sum of $3.50 above that assumed by
Teeters. and owned property worth S135,
and at no time had property sufficient to
pay his debts. He was a householder.
Held. in a suit by a creditor of Bolen. that
the conveyance from Teeters to Mrs. BOlen
was legal and valid.
1892. State ex rel. David w. Wood.
prosecuting attorney, VS.. Marcus L.. Hare
ct al. Hamilton C.. G. Affirmed. Mitchell.
G. 1.-THE statute authorizes the sale upon
execution of a gravel road and its franchise,
and it also confers express authority on the
board of directors to sell any portion of the
road, together with the franchises pertain
ing thereto. Where such sale Is made In
pursuance of statutory authority ii is not
for the State to inquire whether or not the
consideration was adequate as long as the
stockholders are content, nor can the State
assail the purchase on the ground that 1t
was the result OF q scheme to perpetratea
fraud upon certain of the stockholders.
The purchaser of a road sold on execution
may organize a new corporation for the
purpose of owning and operating the road
and the new corporation would take pre-
cisely the rights which the purchaser
acquired.
15l55. John d. Smith VS.. Isaac N. Good
night ct al. Upton G.. G.. Affirmed. Odds,
J.-When q party has just and adequate
remedy at law the extraordinary remedy of
Injunction will not lie. When it is alleged
hat a gravel road was located and the cost
of construction estimated with o view of
constructing it with the gravel in cOntrO-
versy, and that If such gravel is used in
constructing another road located near the
land where such gravel Is 1t will be an
irreparable damage to plaintiff. wherefore
an injunction is prayed. such facts are not
shown to give injunctive relief. If the
gravel Is subject to be taken to construct
another road, the amount of gravel in that
locality might affect it's value and bear on
the question of damages.
1918. BENJAMIN K. Rooms, administrator,
VS.. Joshua III. Mellett ct al. Wayne g. G.
Reversed. }Coffey. J.-When a part only of
several co-parties appeal from q Joint judg-
parties against whom Judgment has been
rendered; 1t is not necessary to serve notice
upon parties to the record and against
whom the court has failed to render judg-
ment. 2. In all proceedings under the law
providing for the settlement of a decedent's
estate, when the exercise of the probate
jurisdiction of the court is invoked, the APP
peal is governed by Sections 2454 and 2455,
but in all actions authorized by the code
and not involving the exercise of probate
jurisdiction of the court the appeal is gov
erned by the code. This is an action by q
creditor of q legatee and the administrator
with the Will annexed to reach money due
from the legatee in the hands of the admin
istratOr and the appeal is governed by the
code. 3. A Judgment against the legatee
IS a lien upon his interest in the land of his
father and upon n sale of the land by the
administrator the lien followed the pro-
ceeds of such sale into his hands. subject to
all equities existing in favor of the estate.
The administrator had the hight TO set off
against the legacy ,bequeatked the judg-
ment defendant any debt due from him TO
the estate. This r%ightincludes surety debts
existing at the death of the testator with
ont regard to the slime when they were
paid. Berkshire and Olds, J. j.. dissent
from the last conclusion.
1886. Jacob Marquardt VS.. j. T. Sieber-
ling q Co. Allen s. C.. Affirmed. Elliott.
J.-Instructions cannot be brought before
the court by the mere report of the stenog-
rapher. when it does not appear that they
were ever signed by the judge, or filed by
the proper officer.
1860. City of Elkhart vs.. VIM. F. Wick
wine. Elkhart c. {. Rehearing denied.
1888. Edward S. Pope VS.. John ii. Vaien.
Marion s: G.. Rehearing denied.
1880. Lizzie A. Conan ct al. VS.. National
State Bank. Park &C. Rehearing denied.
1908. James Fiscus. administrator. VS..
VIM. A: Moore. Decatur G. c. Rehearing
granted.
COURT.
Room Hon. Napoleon B. Taylor. Judge.
Samuel Gwaltney VS.. Plano Manufacture
ing Company ct al; damages. Settlement
acknowledged. Judgment against plaintiff
for costs.
Mutual Rubber Company VS.. Irwin B. Ar
mold ct al; on account. Verdict for plant
i'll for S616.47.
Isaac G. Clark VS.. Eli Spray; on account.
Cause dismissed by plaintiff. Judgment
| against plaintiff for costs.
City of Indianapolis VS.. John Parks; ap-
peal from Mayor. Finding for defendant.
Judgment against plaintiff for costs.
State ex rel. Peter Smith VS.. Charles r.
Biggs ct al; on constable's bond. Cause
dismissed. Costs paid.
Room HHon. d. w. Howe. Judge.
j. b. McElwaine ct al. VS.. Connecticut
Mutual Life Insurance Company; account.
Verdict for plaintiffs for 81 sos. 33.
DOiihi 6Suh No. 4. M. Nultcutdu, sui
in attachment. Plaintiff dismissed suit
and paid costs.
Room 3-Hon. Lewis c. Walker. Judge.
Jennie Mozingo VS.. The City of Indian.
apolis; damages. jury returned O verdict
for $500.
CIRCUIT DUB
Hon. Livingston Rowland, Judge.
Martha Mellinger VS.. Theodore Mellinger
divorce. Decree granted plaintiff, who
will assume her maiden name, Martha w
Hank.
CRIMINAL COURT.
Hon. William Irwin. Judge.
State VS.. Thomas +. Quill; obtainins
money on false warrants. Acquitted by
jury.
LOSS BY FIRES.
The Companies That Had Policies on the In
dianapolis Wheel Works.
The fire that destroyed the indianapolis
wheel-works was supposed to be out at
o'clock vest srday morning. but at 6 O'clock
last night it broke out again in the debris
and an alarm was sent in. The flames wer,
~extinguished, however. without the assist
ance of the fire department. The loss by
the burning of the works amounts to abour
$4,000; the insurance being only $40, 900
placed as follows:
@. +. Sayies Agency.
py,,.n;x Of uartford NO 5of