The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1890-02-06

the Legislature having allowed by an act
what il deemed proper for the services
rendered it thereby Withdrew from the
court any jurisdiction to ~adjudicate upon
the question.
l49i2. Lime City Building. Savings and
Loan Association va. Frederick Wagner ct
al. Huntington G. G.. Affirmed. Elliott,
J.-Suit by a building association on a note
given by a member. 1t is alleged that the
ant failing to pay weekly dues and inter-
est. A bylaw of the association provided
that all loans shall become due in six years
from the date of the corporation or On the
stock of tie association becoming of par
value, in either OF which eases the note
given by the borrower and the stock upon
which the loan was made shall be set OFT
against each other. The association waa
organized in 1879. and this action was be-
gun in 1856. Under the bylaws the bor-
rover who pays weekly dues for six years
borrower does not extend beyond that pc
Rod.
1911. Samuel r. Wilkinson, ct al. vs..
Luman w. Lemasters, ct al. Jay &. Z.
Affirmed. Mitchell. {. J.-Nothing can be
tried on appeal from the Board of Commits
sioners except such matters as were in is
sue before the board or as may. by leave of
court, be put in Issue by amended p~leadings.
Where there is no appearance and 20 re-
monstrance to free gravel road proceedings
OCAOIC tuC OOdlos Xix Mdo IL VI
feet eX parte and there was nothing to try
in the Circuit Court. Where the want of
jurisdiction does not cOnclusively appear
on the face of the pleadings and there was
no appearance. 1T Is too late on appeal to
question jurisdiction in the board.
1873. John III. James, administrator, VS..
Mary Gillen. Putnam G. C.-Leave to ap-
peal granted.
1883. Surrilda Huffman. ct al. VS..
George w. Bruce, administrators. Putnam
I,,v 80 y,nvca .,..l
1422s. Mary A. Miller vs.. Elizabeth
Curry ct al. Wells G.. C.-Clerk ordered to
to return certiOrari upon payment of costs
of amendment by appelle.
COURT.
Room 1, General Term--Judges Taylor, Howe and
Walker.
William F. Gansberg, contractor. VS..
State of Indiana; to recover s1,679.05 for
certain street improvements. Finding for
plaintiff for s ,579.05.
Combination Gas and Machine Company
VS.. State of Indiana; to recover S1,3O0 on
saleof q gas-machine furnished the Soldiers
Orphans Home. On trial.
Room 7-Hon- ID. w. Howe. Judge.
John w. Ray, receiver. VS.. James E.
Twiname ct al. Plaintiff dismissed suit at
his costs.
Louis Wierhake vs.. John Wallace ct al.
Judgment for plaintiff for $500. II.
Christopher Bernloeher VS.. Joseph Shep-
herd eft al. Plaintiff dismissed suit at his
costs.
John Rauch ct al. VS.. Martin Maroney.
JUDGMENT for plaintiff for S273.35. Defend
ant defaulted.
Room 3-Hon. Lewis c, Walker, Judge.
John A. j. Cutting Vi. Isaac G. Clark; re-
plevin. Finding for plaintiff.
Bradner Smith IL Co. VS.. Samuel Sawyer,
eft al; note. Judgment for SS4.75.
Joseph V. McKernan VS.. James H.. Bald
win. ct al; to quiet title. Dismissed at de-
PENDANTS costs.
Jessie NJ. Chandler VS.. William s. John.
son; partition. Dismissed at plaintiffscosts
Neto Salts Fiied.
Minnie Pfenning We. William Pfenning;
divorce, on the grounds of drunkenness
cruelty and abandonment. Custody of only
child asked.
Derk De Ruiter vs. William NJ. Hicklir
ct. al; complaint for injunction.
Lucy ane Cloud VS.. Joseph Eastman and
Elmer L. Cary; suit for $4,000 damages fol
alleged malpractice.
Nahem s. Russell VS.. Frank McWhinney,
suit to quiet title.
C COURT.
Hon. Livingston Rowland, Judge.
SOren Hansen No. 2 vs. Soren Hansen No
1 ct al; injunction. On trial by court.
Nec Suits Filed.
Lewis A. Gable VS.. Writ c. Smith ct al.
complaint to fOreclOse mechanics lien. De
manI, SS5.
William r. Tall VS.. Writ C. Smith ct al.
complaint to foreclose mechanics lien. De
mand, $40.