The Indianapolis journal., 1892-10-12
The Court Record.
SUPREME COURT OPINIONS.

149l5. l.. y. A. & e. Railway Company vs..
Anna q. Shsnks. Jackson G, c. Affirmed. FL
lott. J.-It is only when party IA actually mis-
led that q Judgment can be reversed because OF
an alleged variance. 2 Parents OF children OF
known danger OF dangers that might be known
by the exercise of ordinary diligence and pru-
Gence, but they not bound guard their
children against unknown dangers or dangers
that ordinary diligence and prudence would not
make It their duty to know
l5967. Noble j. York ct al, ys. Julietta Rock
wood White c. @. Affirmed. Olds. lit Ia not
nFsoesssa1ey for the purpose Of sesting aside "a
no consideration TO allege and prove notice to
grantor.
Howard C. G. Affirmed. Miller. J.-where pay:
ments were made out OF firm property and
funds upon the purchases or Improvement OF
purposes and title taken in the name of the in
divldual partners or others on their account the
to El
1874. o. 4 NJ. Railway Company VS.. Mary
stansberry. Lawrence O. G. Order for oral
argument set aside.
APPELLATE COURT OPINIONS.
administrator. sullivan c. O. Reversed. Rein
hard, j. contract by q husband 10 convey
land 10 his wife for the consideration of her Join
ing In conveyance of other lands belonging TO
him is not Objectionable on account of their legal
unity. 2 Tho surrender by the wife of an in
ehoate interest Ia her husbands real estate Is q
sufficient consideration to support a conveyance
by him 10 her OF another portion or his realty
equivalent in value to the interest surrendered
by her. When the husband died without max
ing the deed, the fact that the wife only took
third interest for life, there being children by
former marriage surviving. does not change the
situation unless there was gross Inequality in
values shown. 3. When the widow seeks In
ease & to ssaipst III & the estate of the
leased, the action will not DO defeated by the
statute of frauds on the ground tnat the contract
ST. Thomas Millikan va. william e. Daven-
port Upton c. @. Affirmed Black. jim an
action before Justice of the peace to recover the
possession or real estate an answer that the title
To the property will he involved In the ease, hut
not showing any ground for disputing the title
OF the landlord did not put the title In issue and
10 the Circuit Court.
COG. Ransom l. Lemert vs. Robert 9. shaf,er
the statute tSeetions 1433 and 1921 X. 81 any
bond nled with justice OF the peace with good
and ample security. regardless OF the particular
form mentioned in section 1547. would be sufi-
cient in an action of replevin.
524. State ex rel. 8. p. Lowe, Prosecuting At
torney, vs.. William II. Tow ct al. Lawrence T..
c. Reversed. Fox. J.-where tho defendant in
surety proceedings before q justice valves trial
the justice may bind him over to the next term
eeedings the court found the defendant guilty
as charged In the affidavit" and caused him 10
enter into bond to keep the peace to which
The defendant made no objection, took no APP
peal, but gave bond aud committed breach
thereof; held that he had waived any defects in
thereof.
627. Joseph 8. Miller VS.. Boone County.
tionaI opinion by Black. "A board of commits
sioners is authorized by statute to allow the
sheriff the statutory per diem for attending and
preserving order in the Circuit Court.
SUPERIOR COURT.
Rocm Hon Napoe con b. TAYLOR judy.
Fred Gelle We. Sophia Schwartz ct al; me-
chanic's lien. Dismissed.
John c. johnson VS.. Ella Johnson; divorce.
Decree granted plaintiff; prohibition from mar
Frank g. Butler vs.. Herman E. Martens. Dis
missed by plaintiff.
Room s-Hon. Lewis G. Walker. Judge
James @. Steely ct al vs.. Frapcis s. Offutt ac-
count Dismissed and costs paid.
Saluda Sanders vs. Oliver s. sanders ct al; d.
vorce. Decree granted plaintiff on ground of
Reuben R. James. assignee, VS.. Indiana Mill
ers' Mutual Fire Insurance Company; contract.
Alfred Harrison VS.. John C. g. Harrison; re-
ceivership: Final report OF Robert n. Lamb. re-
ceiyer, aud payment OF per cent dividend.
Se,c Stats Ftled.
George ]. Conrad vs. John Leonard ct al. Me-
chanics lien. Room 3.
Jonathan Stewart We. Joseph Piatt. Suit on
Union Collar and Net Company VS.. Robert NJ.
Williamson suit on account. Room ..
William II. Meyers vs. Michael H. Spades; suit
on contract. Demand, $4,000 Room 1.
Lewis J. Highland and Louise Highland We.
Butler University. Complaint to set aside sale
Ida l.. Marsh VS.. George b. Marsh. Divorce.
Room ,.
William Robinson VS.. George Cable. To set
aside and revive Judgment. Room2 2.
Lilly Hurd vs.. William Hurd. Divorce. Room 2.
James III. Alvey va. John r. Wright Suit on
note. Room 3.
Joseph ii. Clark ct al. vs. Henry w. Konz ct
al. Foreclosure. Room /.
Anna NJ. Brown vs.. Frank L. Brown. Divorce.
Room i.
CIRCUIT COURT.
Hon. Edgar A Brow y. Judge.
Charles w. OsgOod ct al. VS.. Zoeth +. Arenbure:
attachment. Trial by court. Judgments agains
defendant for $626.5O.
Andrew p. Callahan VS., Heryey A. Wright;
chattel mortgage. Judgment by confession for
state of Indiana ex rel Lieu Reveal VS.. Ed
ward Stanley; bastaTdy. Jury returns verdict
for relatrix- Judgment against defendant for
500.
Clara jeff VS.. John Freiburg ct al; damages
from bite or dog On trial by jury.
Neic Suits Etiea.
Minnie Ii. Lupton vs. Harry Lupton; divorce
Robert Remington =. lula Gilbert and John
A. Fermel; foreclosure lien for street improve
ment.
CRI MINAL COURT.
Hon. Millard f Cox. Judge
State VS.. John Plaw; assault and battery Re-
leased personal bond $500.
state VS. Charles Cox; petit larceny. Trial by
court. Guilty. Fined 81 and costs. sentenced
TO imprisonment for one year and disfranchised
one year.
State VS.. Mollie Patchell: petit larceny. Re-
1 leased personal bond OF 500.
state VS.. George LAWSON; petit larceny Re-
leased on his own recOgllZauce.