The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-01-11
THE COURT RECORD.

SUPERIOR COURT.
Room 3-Hon. Lewis @. Walker. Judge.
Sanford p. Hamilton VS.. Caleb r. john
son, note. Judgment for S275.
Nep Suits Filed.
Lena Bell Terry VS.. Frederick Terry; di.
vorce and custody of children. Failure to
Sadie E. Endley. Administrator. va. Clara
b. ROssum ct al; to quiet title.
Louvada Wright VS.. George w. Wright;
divorce. Cruelty and failure to provide.
Lula M. Stewart VS.. Lewis Z. stewart;
Albert III. Linglefelter VS.. Kate NJ. Lingle-
felter; divorce and restraining order. Aban-
donment.
CRIMINAL COURT.
Hon. Willard F. Cox. Judge
State VS.. Cal Worries; assault and bat
terry with intent to kill. Finding of guilty
and sentence of ninety days In the work
house.
CIRCUIT COURT.
Hon. Edgar A. Brown. Judge.
Jacob NJ. Wolfe vs. Harvey Davis's Es-
tate; claim. Allowed for $40.
Nancy Davis VS.. Harvey Davls's Estate;
claim. Allowed for S371.
Emma Caldwell vs. Harvey Davis's Es-
tate; claim. Allowed for $3.50.
George w. Frey VS.. AdOniram j. Smith;
chattel mortgage. Dismissed by plaintiff
Jacob Crousore vs. Mary A. Crousore;
divorce. Decree granted plaintiff, together
with custody of two children.
Otto Stechhan ct al VS.. John Braun's Es-
tate; claim. Allowed for s52.s5.
SUPREME COURT OPINIONS.
15O5s. Adam Shower vs. Pennsylvania
Company. Fulton &. G. Petition for re-
hearing and to change mandate denied.
Mcbride, J.-When an erroneous Judgment
is rendered on motion for Judgment
non obstante upon reversal, the court will
not remand with particular instructions
reistive to the udgment to be rendered,
1920. Midland Railway Company ct al.
vs.. Livingston Il. Dickinson ct al. Tippeca-
noe G. &. Affirmed. Miller, J.-NO motion
TO modify the Judgment or objection to its
form was made in the Circuit Court. and it
cannot be assailed for the first time.
1887. Board, etc., va. Albert ID. Weeks.
Vigo G.. G. Affirmed. Elliott. J.-When
the services of a skilled and competent per-
son are required to manage steam engine,
made a part of the Jail by the County Com
missioners. the county is liable for such
services.
APPELLATE COURT OPINIONS.
$40. Walter Lane ct al. VS.. Union Ma
tional Bank, etc. TIppecanoe c. g. At
firmed. Robinson. G. J.-COmpetent evil
dence was admissible to show what was in
tended by the abbreviation First Nat. La
fayette Ind" in notes sued on, and that
the abbreviation had definite and settled
meaning in the business world in the neigh
borhood where the notes were pay able. and
proof of usage or custom was not required
TO be co-extensive with the State.
1913. Ph@nix Insurance Company VS.. John
LOrenZ. Harrison c. G.. Affirmed. Black,
J.-When 1T Is provided In an insurance
policy that IF the property shall hereafter
icy shall become null and void" the execu-
ton of a mortgage on part of the property
will not avoid the policy. as 1.-THE property"
will be construed to mean all the insured
property.
ass. State va. Abner Cofing. Fountain
c. G.. Affirmed. Reinhard, Jan affidavit
and information for using obscene and Ii
centiOus language in the presence of fe-
male which sets out the language not such
as to convey a meaning IN its nature OBJ
scene or licentious. unless aided by sutfi-
cient extrlnsic averments, is bad.
81. Joseph l.. Cresswell eft al. VS.. Jacob
G. White. Howard G. c. Affirmed. Crum-
packer, 1.-THE inability of appellants
the sickness of his child might have af-
forded sufficient ground for cont inu-
ance of the cause had an application been
made. but the fact that party may have
q good cause for continuance will not en-
title him to relief from Judgment which
he does nothing to avert. A Judgment
will not be set aside for the purp ose of per-
uniting defense of set of.
465. John W. Bowser ct al. VS.. Harriet
Z. Cox. Marion 3. c.. Affirmed. New. j.
~
tenants In common they must join in actions
based upon the lease unless the lease pro-
vides for a separate rendering of rent to
each on separate covenant for the pay
ment of rent to each. But when tenants
in common have not bound themselves by
joint demise. but are claiming rents under
lease made by the ancestor. their rights
accord with their interests, the accruIng
rent is apportioned among them, and the
tenant can pe compelled to pay to each his
propOrtiOnate share.
Rehearings Denied
2S3. VIM. E. Thompson ct al. VS. State
ex rel. Green c. C..
258. Edward Hawkins ct al. VS.. James
e. Thomas Marion S. c.
264. Union Township VS.. Alonzo Berg
man. Montgomery G. G.
293. Phoenix Insurance Company vs. Pleas
ant Pickel. Sullivan G. c.
405. German Fire Insurance Company VS..
John M. Deckhard. Monroe C. c.
$50. VIM. Elliott ct al. VS.. Stone City
Bank. Lawrence c. G..
267.' Isaac Roberts at al vs. Levi Ken
dali. Huntington G. G. Motion to modify
opinion sustained. Cause affirmed as to
Griffin, and reversed as to Roberts & Ho-
worth.