The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-16
The Court Record.
SUPREME COURT OPINIONS.

The Court RECORD.
SUPREME COURT OPINIONS.
1925 In re Mary c. Van Walters ct al.
VS.. Board of Children's Guardians Marion
c. C. Affirmed. Elliott, J.-Under a col
lateral attack 1t will be conclusively pre-
sumed that there was evidence fully sup
porting the Judgment Of the court of orig
Ipal Jurisdiction. q Ono who seeks to Im-
peach Judgment upon the ground OF
mental incapacity must directly state ma
terlal facts. for mere rhetoric cannot supply
their place.
1862. Daniel F. Geddes ct al. VS.. Charles
Blackmore. Greene G. G. Affirmed. Olds.
J.-Where q person signs his name to
blank note and intrusts 1t to another, he
thereby gives such person authority to hill
it mp in any manner he pleases. not lncOn-
sistent with the character OF such blank
paper. and a party taking 1T Will be pro-
tected.
1929. Josiah H. First ct al. Va. Davi6 E.
First ct al Huntington G. &. Affirmed.
Miller, 1.-THE evidence sustains the find
ing.
Railway Company. Grant c. c. Motion
to modify order overruled at costs ofa appel
lanr.
1871. Benjamin s. Parker, Clerk. ct al.
va. State ex. rel. Simon L. Powell. Henry
e. c. Motion to postpone oral argument
overruled, and ten days gwen Attorney.
general to Tile brief.
APPELLATE COURT.
ESQ., George Scott VS.. Henry E. Norris ct
al. Union {. G. Reversed. Reinhard. Z.
J.-Wben the defendant seeks relief by the
correction OF mistake in the contract in
suit he should plead by way of counter
claim and obtain reformation.
5I4. Henry II. Berry vs. David w. Hub
bard. Morgan G. c. Affirmed. Black. j.
Where the verdict Is clearly right upon
the evidence tho Judgment will not be dis
turbed because of the erroneous giving or
I'm CoN nj YrafE
ga Andrew CUNNINGHAM va. Orlando
III. Packard. Administrator. Marshall &.
Z. Reversed. Crumpacker, jim this case
the evidence showed. without contradie-
ton, that appellant was to have 500 for
assisting In q purchase of property for
decedent, and that he did assist and the
purchase was effected. and that he was
never paid. The court should not have dis
regarded his claim.
sc. Samuel S. Horn ct al. VS.. George w.
Mckinney eft al. Grant q. G. Reversed.
New, jim every novation there are four
essential requisites: First, previous valid
obligation; second, the agreement of all the
parties TO the new contract; third, the ex-
tinguishment of the old contract: and,
fourth, the validity of the new contract.
SUPERIOR COURT.
Room i-Hon Napoleon B. TAYLOR Jui.,
William H. Nichols VS.. Joseph f. Woods
ct al: foreclosure. Judgment for plaintiff
for s91s.44. Mortgage foreclosed and sale
ordered.
Room 2-Hon. James w. Harper. Judge.
Edith V. Stuard VS.. William f. Stuard.
Divorce granted on the grounds of cruelty.
Edwin Is. Cummings VS.. Royal Publish
ing Company ct al; damages. On trial by
jury.
Indianapolis Manufacturers and Carpen-
ters' Union va. George w. CALVIN, ct al;
mechanics' lien. Room 2.
Reuben Banks VS.. William Christy ct al,
Trustees of Oliver p. Morton Lodge, No.
1851 of the Grand United Order of Odd-fel-
lows; suit on contract. Room z.
Phoebe A. Bauer Us. Henry 3. Kelley and
Walter L. Newly vs.. Brice NJ. Hicks ct
AL. mechanics lien. Room l.
Christine Ray VS.. Elmer 4. Ray; suit for
support Room 2.
Samuel L. Morss VS.. C. Rowland Shear
man andsEmms A. Shearmap; attachment.
Rooml.
j. w. Piercy VS.. G. Howland Sherman
and Emma A. ShearmaE; filed under Morss
VS.. Shearman above. Room !.
Belle Buoy VS.. Leander Buoy; divorce.
Room i.
Elizabeth Schell.vs. John Dougherty ct
al; partition. Room l.
Bridget sullivan vs. John d. Sullivan;
divorce. Room 3.
CRIMINAL COURT.
Hon. Miiard Il. Cox. Judge
Ctdtc vs.. IluSO nOWeoT, petlb larceny.
Pleaded guilty. Fined 500. sentenced to
three years in State prison and disfran-
chised for three years.
State va. William Wagner and Henry
Summit; petit larceny. Wagner pleaded
guilty. Fined 300, and sentenced TO two
years in State prison and DISTINGUISHED
same period. Summit tried by court.
Finding of guilty and fined 500 and son.
fenced to two years in State prison and
DISTINGUISHED.
State w. Frank Faucet: petit larceny
and grand larceny. Released on his per-
sonal bond for $50 to obey the order of the
court.
CIRCUIT COURT.
Hon. Edgar A. Brown. JUICE
John p. Mcconnell VS.. Charles T.. Smith:
account. TRIAL by court. Judgment against
plaintiff for costs.
COrnelia +. Bristow Vs. Mary A. Peck's
estate. Claim allowed by agreement for
$1,000.
Lizzie Wolf va. Sarah Warehouses; estate.
Claim allowed by agreement for 1855.
Jane ID. Lumley VS.. Nathan r. Schocley;
appeal from Daniels, j. p. Dismissed by
p;aintiff.
John Richardson ct al. VS.. VIM. II. Rich.
ardson ct al; on policy. Demurrer TO COM
plant sustained. Judgment on demurrer
against plaintiffs for costs.
Albert Disch VS.. John Karcher's estate;
claim. Dismissed by plaintiff.
CIRCUIT COURT.
Netc SHii FHec.
Jacob Frankel VS.. w. c. Robson; suit ON
note and TO forecloso chattal mortgage. Sssx