The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-05
son to Indianapol is was lost. and has not
since been recovered. A rgument will be
heard to-day at 4 O'Clock p. NJ.
Tho Court Record.

suPREME U OPINIONS.
1850. Peter Backer vs.. William T. Pyne
ct al. Perry G. e. Affirmed. Elliott. &.
IA false representation made for q fraud
ulent purpose may DO relied upon By the
representation is of n fact contained in q
public record. z. When one has q judy
ment and advances money to pay of q
senior lien to protect his " upon the
faith of representation of the debtor that
there were no other liens. he is not q VII
unteer. and be 10 subrogated TO the rights
of the senior lien-holder as against q junior
lien-holder let in by the payment of such
lien. 3. When the last day of REDEMPTION
4. In computing the time for redemption
the day of sale must be excluded.
1851. Lawson Hire vs. Peter kinsley ct
al. Marshall c. c. Affirmed. Cotfey. j.
necessary to remove q fence from Its pres
emit location and to rebuild on the line OF
the road, those who brought about this ne
cessity are liable for the cost of such re-
moval and rebuilding. and nothing more.
2. The opinions of witnesses tending to prove
the market value of land without the high
way and Its market value with the high
way established and open was admissible.
1862. Fort Wayne Electric light Com
paDy VS.. James A. Miller ct al. Adams c.
c. Affirmed. Mcbride. J.-When money
Is subscribed and paid on . donation TO q
corporation TO remove Its plant to n desig-
mated town, whore there is o failure OF con-
sideratiOn for such contract the measure of
damages would be the several amounts
paid with interest thereon from the time Of
payment up to date of Judgment at the
rate of g per cent. per annum.
OPINIONS.
SO. Mary Z. Vance VS.. city of Franklin.
johnson G.. G.. Reversed. Robinson, G.
jim an action for damages for injuries
received by improper maintenance of a
bridge In a city where the special finding
of the Jury shows that the plaintiff. on the
night of the injury. did not provide herself
with any light or other assistance to guide
her over tho bridge. and that The outlines
of the bridge were not so obscured by the
darkness at tho time that she could not. by
the reasonable use of her powers Of sight.
have seen such outline-held. error by the
trial court in sustaining Judgment in favor
of defendant on the special finding, not
wIthstanding the general verdict.
4SS. VIM. Ii. Collins ct al. vs Robert
Hutchinson ct al. Rush G. G. Affirmed.
Reinhard. J.-Where q constable sold prop
erty without requiring purchasers to COM
ply with q recorded iDdemnifying mort
gage given to indemnify the MARRIAGES. as
sureties of the mortgagor. which pro-
vided that the mortgages were entitled to
possession and legalLile of the goods when
there was a levy on such goods. he Is liable
on his official bond. although the mort
tion. 2. Where the value of the property
in such case is found to be less than the
amount of the debt the measure of dam
ayes is such value, while If the value is
moro than the debt the amount OF the debt
10 the measure of damages.
236. Tobias X. Holman ct al. VS.. Harvey
Wlthers. Elkhart &. G. Affirmed. New.
J.-Replevin under our statute embraces
detinue as it was at common law; a party
in possession of goods without right can
not avoid the action of replevin by wrong
fully transferring the possession to another
even though the transfer be made before
the commencement of tho suit.
500. Reuben Lockwood VS.. George M.
Beard. Steuben e. c. Affirmed. Crum-
packer, J.-Iu order that Instructions may
be made part of the record without n bill
OF exceptions. the record must Affirmative.
IL shO W that they were filed.
Az. Indiana Livestock Insurance Com
pany Va. John BOgeman. Shelby {. c. Re-
versed. Black. j. A complaint on o policy
insuring n stallion which fails to aver that
plaintiff owned or had an interest in the
horse at the time of the death is bad.
COURT. ~ *
Room Hon. Napoleon b. TAYLOR. Judge
Ramona Oolitic Stone Company vs. Geo.
F. Branham ct al; account. On trial by
jury.
John F. ~Leyendecker vs.. Elizabeth Van
Trees; damages. Dismissed by plaintiff.
Phillip Edwards VS.. Andrew Patterson;
damages. Dismissed. eac
Room 2-Hon. James W. Harper. Judge.
The Michigan Lumber Company VS.. VIM.
L. Martin: account. Tried by court. Judg-
mant for plaintiff for Sl700.
Lew NJ. Darnell va. James Mckee; ac-
count. On trial by court.
Room 3-Hon. Lewis c. Walker. Judge.
Henry W.. Murphy vs.. Wilson s. Swengel
ct al; to revive Judgment. Dismissed.
William FL. Fry Va. Hasselman Printing
Company; account. jury returned verdict
Max Liverlight VS.. The Pennsylvania
Company ct al: damages. On trial by
jury.
Porter Green VS.. Alkaline Green; divorce
and custody of children. Abandonment.
William McGinnis vs.. PIttsburg. CincIn-
natl. Chicago d st. Louis Railway Com
pany ct al; replevin. Demand. $500.
p BsliOrd bIil ri s,oS Company g.m vs.; ss%es
Erwin d. Ryan Vs. Ella Ryan; divorce.
Cruelty.
John A. Puryear VS.. Matte Bell; replevin
q damages. Demand. $1,000.
Nathan +. Dalton ct al. VS.. Ellis HIATT.
Mechanics lien.
Indiana c. Surber VS.. Charles E. Surbsr;
divorce. Conviction of crime.
CIRCUIT COURT
Hon. Edgar A Brown. Judge
Jacob Miller VS.. Edward S. Pope; DAM
ages; Verdict for the defendant.
Albert N. Terry VS.. Mary A.Terry: divorce.
Decree. custody of children and aIimony
granted defendant.
State ex rel. George E. Hunt VS.. John
Hurry ct al; alternative writ. Finding
for defendant.
Nep Shit Filed.
Eli F. Orme ct al. VS.. John Orme ct al.
Partition.
CRIMINAL COURT.
Hon. Millard +. Cox. Judge.
State vs. Homer Stake; selling cigarettes
to minors. Verdict of guilty and 81 and
costs assessed.