The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-01-28
The Court Record.
SUPREME COURT DECISIONS.

1864. Nancy H. Mcpherson vs.. Samuel
H. Beckner ct al. Tippecanoe B. @. At
with q writ of repleyin. went to the house
of the mother of the defendant. with whom
the defendant lived. and was admitted to
such house and identified the property in
controversy. but thereafter went away,
and on the afternoon of the same day re-
turned with persons to assist in removing
such property. and the mother answered
the door-bell, opened the door q few inches
and, seeing the officer, undertook to close
it. but such officer and his assistants forced
it open and forcibly removed the property.
whereby plaintiff was personally injured.
held, in an action on the constabie's bond,
that he was not guilty Of trespass and not
liable on his bond.
els Sweetser. Marion G. G.. Affirmed.
Odds. e. J.-Where there is g trap-door in .
portion of a store constantly occupied by
customers. which, when open, Is a danger
Gus pitfall, there is a duty upon the owners
to use vigilance in proportion to the dan
ger in guarding their customers against in
jury, and. failing to do this, they are liable
to one injured thereby. 2. One element of
damages is the reasonable value Of nursing
the injured. and the fact that a member of
prevent a recovery therefor.
1470l. State ex rel. Sarah 4. Wiseman
ct al. VS.. Philip s. Wheeler ct al. Hamil-
ton G. C. Affirmed. Mcbride. J.-Ex parte
OTu0lb VI u VI IL
subject-matter. and the parties in the mat
ter of q guardianship cannot be collateral
ly attacked.
14724. VIM. A. Stuart VS.. John B. Stumph.
Marion s. C. Affirmed, Coffsy. ITO an
action for services as a broker an answer
alleging a special contract. violation of
which resulted in damages greater than
PLAINTIFF claim is good.
14754. Thomas r. Paxton VS.. John r.
liot, 1.-THE title of the purchase of land
at Q sheriff's sale relates back to the time
the Judgment lien became effective. This
doctrine of relation carries back the title
so as to vest in the purchaser all the right
sessed at the time the Judgment fastened
upon it. 2. When a fund ls in a court of
equity to be distributed between parties,
ifthe equities are equal the order Is true.
Samuel NJ. Smith. Hamilton G.. c.. APP
pellee ruled to answer motion for writ of
error Feb. 9.
152O7. Edward link VS.. Fred,k Dick.
Wells c. G.. Motion to dismiss oyerruled.
Company. Clark c. C. Motion to advance
Overrnled.
COURT.
Room Hon. Napoleon B. Taylor. Judge.
WorthinRton w. Day VS.. Cleveland, Gin
cinnatI, Chicago& st. Louis Railway Com
pany; damages. Jury returned verdict for
Room Hon. James w. Harper. Judge.
Dora Kitchens VS.. Robert Kitchens; di-
vorce. Dismissed by plaintiff.
Frank McWhinney VS.. James Wilcox ct
al; to quiet title. Finding for plaintiff.
Arabella Patterson VS.. Andrew Patterson;
divorce, and to set aside o deed. Trial by
court.
Horace Mckay VS.. Sarah B.. Foley; fore.
closure. Demand. $780,.
William HI. Cook VS.. Mary A. and John
A.Holman, Guardian. To quiet title.
J9h Gh w. Mcgee 6 3 VS. o Gisvs Ra;,x,S Ci rcm-
pany; damages. Demand, $1,000
Mary Fox and Bridget Dillon VS.. Indian
apolis Frog and Switch Company. Dam
ages, $1,000.
James w. Murphy VS.. Nancy A. N. John
son and Isom Johnson; mechanics lein.
Demand, $50.
Fannie Depue VS.. George Depue: divorce.
Desertion: Custody of children asked for.
Rosy Gibson VS.. Elmer Glbson: divorce.
Desertion. Custody of children asked for.
CIRCUIT COURT.
Hon. Edgar A. Brown. Judge.
George Seibert 81 Co. vs. Deloss Roots;
concerning street Improvements. Trial by
jury.
James A. Shewalter ct al. VS.. Alva c. May;
account. Demand. 5000.
CRIMINAL COURT.
Hon. Willard +. Cox. Judge.
State VS.. Michael Mccormick: assault
and battery. On appeal. Evidence heard
by court and defendant discharged.
State vs.. Louis Marks; grand larceny.
Evidence heard by court and defendant
discharged.