The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-04-15

A defendant agreeing to the continuance
of an Injunction until the final dissolution
of the cause 10 not thereby deprived or
benefit and protection from the bond dur
ing the time.
1SS. Smith Budd vs. Lottie Rutherford.
Floyd &. e.. Reversed. Crumpacker. j.
Under the statute il 10 discretionary with
the trial court to remove next friend on
the ground of financial Irresp0nslbility.
The fact the next friend is a married wom-
man did render her incompetent. 2. Where
money Is paid In settlement OF bastardy
proceedings but part Is withheld by the
attorney until criminal proceedings are
settled, when such part was TO be paid
over, the agreement was tainted with
lllegallty, and 1t was void.
5l4. Jacob Pursley VS.. Andrew j. Wickle
Howard e.. e. Affirmed. New. J.-When
the plain purpose of motion to modify q
judgment is to change the Judgment
that IL shall be essentially different In SUD-
stance from what 1t was as pronounced and
different from what il was intended TO DO 1t
should be overruled. The Judgment was
rendered in 1885 for 81 and costs. and the
motion to modify filed in 1890 was that the
recovery of costs would be for 81 only.
Held. il should be overruled.
4oi;; Edward G. Eaken ct al VS.. Madison
X. Thompson. Clark G. e. Affirmed. Rob
inson, {. Jan affidavit of party recit-
ing facts showing that a. jury reached a
conclusion by casting lots" as "atliant
verify believes" is insufficient. Affiant
tion OF the alleged misconduct of the jury.
AS. Joseph K. Stewart vs.. Albert Pat
rick. Shelby &. &. Motion to change man
date overruled. ReInhard, J.-Where the
court is satisfied from the record that in
justice might result by ordering a Jud9-
ment upon the special finding or verdict 1t
Is its duty to remand the cause with direc-
tions to grant q new trial.
SUPERIOR COURT.
Room Hon. Napoleon b. Tavlor Judge
Haiti Fenton VS.. Ewald Over; for dam
ages. Dismissed by plaintiff.
Joseph BertuccI Va. Annie l.. Bertuccl;
divorce. Granted.
Oscar 5. Gillett vs. Wallace w. Fort ct
al; suit for appointment of receiver. Hiram
7. Marshall appointed receiver.
Della A. Dnpree VS.. Geo. L. w. Mack;
for damages. Jury found for defendant.
Room 2-Hon. ). w. Harper. Judge.
The Hanging Rock StoYe Company VS..
Nathan Bernstein and Moses Bernstien;
suit on notes. Trial by court. Judgment
for plaintiff for S256.72.
Room 3-Hon. Lewis O. Walker, Judge.
William McGinnis VS.. p. c.. c. g. st. l..
Railroad Company; Injunction. On trial
by court.
Nep Stats Filed
Maria Rhodius vs. Nancy Z. Miles ct AL;
complaint on contract and damages. De-
mand. $500. No. 3.
Oscar S. Gillett vs. Wallace w. Fort ct
al.s complaint 1Or receiver. NO. i.
CIRCUIT COURT.
Hon. Edgar A. Brown. Judge
J. II. WOODBURY. VS.. James NJ. Myerss
Estate: claim. Allowed for IS.
Robert Bernet VS.. Charles Bauer; &C
count. Trial by court. Judgment against
defendant for 500. "A.
Christian &. Piel was declared person
of unsound mind by Jury.
Nelc Suits FtIed.
New York Wallpaper Company, I'D VS..
Carl Moller; on note and account. De-
| mand. $500.
James III. Reynolds VS.. Eagle Machine
works Company; complaint on contract.
Demand. $1,000.
CRIMINAL COURT.
Hon. Willard Z. Cox. Judge.
State VS.. Fred Schaub; selling LIQUOR to
minors. Pleaded guilty; $40 and costs
State vs. Fred Schaub; selling LIQUOR to
minors Pleaded guilty; $40 and costs.
Alice Meyers; petit larceny. 81 and costs
| and sixty days In the work-house.
The grand jury returned the following
| indictments. which completes it's work
| James Wise. for murder; George Tayl or
| for petit larceny: Harry West. petit
| larceny; Milton j. Clements, embezzlement
and grand larceny; Thomas Clay. perjury;
| Kitty Conner. petit larceny; Minnie John
| ston, arson.