The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-12-14

for the accommodation of passengers. but
the grounds prepared for and used as de-
pot grounds for passengers. 2. The stat
ute Is not ~rApugnant to the Constitution
as class LEGISLATION, applying only TO sta
lions where there Is q telegraph ofice. 3
The statute is not IN conflict with Section
2. Article s. of the Constitution providing
that the common school fund shall con-
sist OF breaches of the penal law because
1t provides for q prosecutors fee. 4. The
statute is not void as assuming TO regulate
or interfere with interstate
15409. State VS.. sPennsylvaDis Company,
Shelby c. e. Reversed. Odds, IKE
versed upon the authority of State VS.. /.
81 /. S. L. r.. Co.
APPELLATE COURT OPINIONS.
Isl. 0.& NJ. Ry. CO. rs. Della s. Smith.
Scott C. c. Affirmed. Black, IA COM
plant against q railroad company for per-
sonal injuries which does not allege that
the plaintiff was without fault or negil-
gencs. but which shows that the plaintiff
was riGhtfully on the train, and upon
reaching a station where the train was ac-
customed to stop, she proceeded without
delay TO the CIR door, and while stepping
ont on the platform the train suddenly
started without warning. whereby she was
thrown to the car-floor. etc. is sufficient
after verdict.
s5S. Board etc. VS.. VIM. Lomax. Perry
c. T.. Affirmed. Fox. J.-Forms, variance
and imperfections in the pleadinQs will be
disregarded when they might be amended
In the court below: neither will q ludg-
ment be reversed if the cause has been
fairly tried and determined in the court
below. 2. When the county physician for
the poor was inexperienced as q surgeon,
and lived fifteen miles distant, the town.
ship trustee could employ a surgeon in q
case of a pauper whose leg it was Necessary
to mputa, and the county is liable.
ESQ. John +. Talbot, administrator, VS..
Martha j. Hedge. MONTGOMERY q. Z. Re-
versed. Crumpacker. J.-Where q witness
had such an acquaintance with the sigma
ture of the decedent to a note as to enable
him to have an impression or belief upon
the question, his evidence was sufficient to
entitle such noto to go to the jury. =.
Where q witness had no knowledge of the
handwriting of q decedent other thar
fence. it as error to admit his opinion con-
corning her signature to a note.
$50. G. ~ l.. Railroad Company VS..
Robert Branngan. Wabash c. &. Affirmed.
New, 1.-The complaint against q railroad
ompany under the statutes for the killing
of ANIMALS is sufficient If it allege that the
right of way was not securely fenced at the
point where the animal entered upon the
track and was killed. and II 1t 10 not the
duty of the company to fence the road at
the place in question, such fact Is matter
of defense.
6s3. Jefferson School Township VS.. School
Town of Worthington. Greene G. &. Re-
versed. Reinhard. J.-When taxes were
levied for u school town and paid to the
county treasurer, who. instead of paying
the funds to the trustees of the school town
turned the same over to the trustees of the
township. who converted the same to the
use of said school township. the latter is
liable to the school town. The collection
by suit of such portions as were paid more
than six years prior to the commencement
of the action was barred by the statute.
COURT.
Room l-Hon. Napoleon b. Tavlor. Juiya
Corrafk Smith Tod0a T1nifad 0rder of
Odd-fellows. vs. Arthur Locklear. On trial
by jury.
Charles Steele, IT,, VS.. the Citizens Street
railway Company; damages. Dismissed
and costs paid.
Room s-Hon. Pliny W. Bartholomew. Judge.
William u. G. Martin VS.. Joseph Schmidt;
account. On trial by court and jury.
Netc sails Filcd.
The Star Savings and Loan Association
VS.. Albert w. Mendenhall ct al; fore
closure of mortgage. Room ].
Henry Is. Fisher ct al. vs.. WILLARD w.
William Proctor vs.. Willard w. Hub
bard eft al; mechanics lien. Room /.
Indianapolis Brewing Company VS..
Thomas w. Mckenzie; suit on notes.
Room l..
Simon Perry VS.. Willard w. Hubbard ct
al; mechanics lisn. Room 2.
Indianapolis Brewing Company va. Mich.
olas Obey; to foreclose chattel mortgage
Room 3.
Joseph Coleman VS.. Willard w. Hub
bard ct al; mechanics lien. Room 3.
James Samms vs.. Willard w. Hubbard
ct al; mechanics lien. Room 3.
Sarah May We. State of Indiana ct al: suit
on claim. Court OF CLAIM.
CIRCUIT CoURT.
Hon. Edgar A. Brown, Judge.
f. J. Brennan VS.. James Young's Estate;
claim. Allowed for $40.
Catholic Advocate Company VS.. James
Young's Estate; claim. Allowed for IS.
Madison Brewing Company VS.. James
YOung's Estate; claim. Allowed for 1928.
Isaac n. Clark VS.. James Z. Bodine ct al;
damages. Verdict for defendant.
Ne,o Suits Flied.
Clara Darland VS.. William Darland;
divorce.
Perry Pursell ct al. VS.. Elizabeth Pursell;
PARTITION.
NJ COURT.
Hon. MilIard T. COX. Judge.
State We. Gale Ireland; incorrigible. Sent
to the Reform School for Girls.
Withdrew plea of not guilty and pleaded
prison and fined S25 and costs.
State VS.. John Kelley:. petit larceny.
Trial by court. Guilty. Imprisonment 10
wOrk-bouse for thirty days and fined 81
and costs.
THE joints and muscles are so fabricated
by Hoods Sarsaparilla that all rheumatism
and stiffness soon disappear. Try it.