The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-17

brought into the transcript BY the clerk 10
not . bill of exceptions. such q report IS
not part of the record unless 1t Is properly
embodied in a bill of exceptions signed by
1868. Milton Pouder ct al. VS.. Warren
Tate. Marion s. c. Rehearing denied.
1894. John Haxton ct al. VS.. Rebecca :
McCfarep. Owen G. 6. Rehearing denied.
Warner. Wells &. Z. Rehearing denied.
1886. Board, ETC.. VS.. James w. stout ct
al. Vlgo sc. Motion to reinstate GRANTED.
16617. Minerva Robbins VS. William IL.
Swain. Randolph C.. &. Motion to dismiss
ov,rrnled: leave to appeal granted and
bond fixed at 800.
1886. Pennsylvania Company vs. Har-
vey Horton. Porter c. &. Rehearing de-
MED.
APPELLATE COURT OPINIONS.
424. George w. Holman ct al. VS.. Alfred
Robbins. Fulton c. T.. Reversed. Black.
1.-THE delay of the auditor In filing the
transcript and papers IN an appeal from
the decision of Board of commissioners on
q claim for services until after the ex pira-
ton of the period within which the
statute directs the filing, is not good ground
for the dismissal of the appeal. = The
Board of Commissioners. when the county
surveyo OF did not employ attorneys to pro-
tect the interests of the county. may en-
ploy them to reimburse the county treas
ury for money paid out on account of the
location and repairing OF bitches In the
county.
562. Mary Price VS.. Beverly P. Barnes ct
al. Owen c. c. Reversed. Reinhard. c.
J.-Where q note is not payable In bank the
burden Is on one asserting pay ment by tt
OF a debt that IL was received as payment
and at creditors risk. 2. In novation it is
required that there be o valid obligation,
an extInguishment of the same and o valid
new contract.
6ls. Sarah E.. Jewell VS.. Town of SulIi-
van. Sullivan C.. c. Reversed. Crum-
packer, J.-Action against q town for per-
sonal injuries. General verdict for appel
liant, but the court rendered judgment for
appellant could have established facts
consistent with the special findings. which
cannot be said, as q matter OF law. to be
insufficient to warrant the inference OF
negligence, the court erred in awarding
judgment.
SUPERIOR COURT.
Room Napoleon B. Tavior. judge.
Daniel White VS.. Alice White; divorce.
Peter N. PurselI ct al. vs.: Frank A.
Pickerell ct al; mechanics lien. Dis
missed.
Henry c. schott VS.. Jennie B. schott; dt-
vorce. Dismissed.
Room 2-Hon. James W. Harper. Judge.
Laura Paullin VS.. Lawrence j. Alexander
ct al. Cause dismissed for failure to prose-
cute, ut plaintiffs costs.
Alfred Purdue We. Henrietta Milendar.
Nancy j. Hill va. Henry Rose. Cause dis
missed by agreement. at plaintiffs costs.
Enoch Fl. Moore vs.. Jesse f. Hawkins ct
al. Cause dismissed and costs paid.
Simon Monroe We. Caroline Monroe; d.
voroe. Dismissed Dy plaintiff at plaintiffs
costs.
Elizabeth Halfn VS. Halfn; divorce.
Dismissed at defendants costs.
Barnhart Bro. & Splndler va. Samuel
Sawyer. Dismissed by plaintiff at plant
it's costs.
Town of West Indianapolis We. John
Roster. Dismissed by plaintiff a: plaintiffs
costs.
VIM. Lowe VS.. Lydia Lowe; divorce. Dis
missed for failure to p%roseoute, at plaintiffs
costs.
Mary Bevan VS.. Frank b. Bevan; divorce.
Dismissed for failure to prosecute, at plant
IFS costs.
Nec St,ts Filed.
Isaac Brees VS.. James Shea; mechanics
lien. Room 3.
E. W; Scott VS.. James Shea; mechanics
lien. Room 2.
CIRCUIT COURT. .
Hon. Edgar A. Brown. Judge.
John Moore VS.. Ella Writ ct al; street
Improvement lien. Trial by court. Judg-
ment against defendants for $40 and lien
foreclosed.
John Moore vs. Christian Hoover ct al;
street Improvement lien. Trial by court.
Judgment against defendants for $685.
and lien foreolOsed.
Full citizenship papers were issued to
Nicola Dl Franz upon proof.
CRIMINAL COURT.
Hon. Willard F. Cox. Judge.
State VS.. Charles Jones; grand larceny.
Plea of guilty. Fined 81 and sentenced to
one year in the penitentiary. and disfran-
chised for one year.
State VS.. Jesse Linson: grand larceny.
Plea of guilty. Fined 500 aud sentenced
to two years in the penitentiary. and dis
franchIsed for two years.
State VS.. Littleton b. Lott; petit larceny
and embezzlement Plea of guilty. Fined
$40 and sentenced to two years in the State
prison.
State We. Alma Roberts; petit larceny.
Plea OF guilty. Released on good behavior.
r. r.