The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-01-09

Oama8cb anu lOIcko cutIy Until tue bppcoA
was determined or pay the amount into
court, and enter on the land when it
elected TO pay the assessment, it must be
held to such election and the money be-
come the property of the other party.
1851. August Brunns We. August Gesige.
Odds, 1.-THE omission of the complaint to
state the amount of damages sustained Is
cured by the verdict. 2. Where there 10
an unlawful invasion of q party's right IT.
reparabIe and continuing in its nature. the
court may Issue a mandatory Injunction.
and this 1t may do in an extreme case IN
the first instance as well as upon the final
hearing.
APPELLATE COURT.
ls9. Charlotte A. Hankey VS.. David E.
Downey. Howard {. g. Reversed. Black.
J.-Suis on promissory note. 1t IS the OF.
flee of special verdict to state facts. and
TO leave all conclusions of law to the
court. The facts from which notice to the
indorser of a defense to the commercial pa
per might have been inferred should have
been found and stated for the consldera-
ton of the court A new trial is ordered.
$50. Abram Slayter va Union Central
Life Insurance Company. White Z. Z.
Affirmed. Robinson, &. J.-Where a plead
has been made. the factof the withdrawal
of the pleading should not be allowed to IN
any way affect tine ruling.
393. Louis Goodbubvs. John g. Scheller.
Floyd c. c. Affirmed. Rsinnard, j.
When there is conflict between descrip-
ton in q complaint and that contained in
an exhibit properly filed with such COM
plant, the latter controls.
4O7, William w. NichOlI ct al. VS.. Charles
f. Pressler. Monroe e. G.. Affirmed. New,
1.-THE evidence tends TO support the find
ing.
Al. City of New Albany VS.. Ermin s.
Ray. Floyd, &. G.. Affirmed. Crumpack-
er. Jan imperfect and unskillful plan
was adopted by the city for drainage, etc.,
the execution of which caused q large
body Of surface water to collect in a basin
excavated in the alley adjacent to appel
lees house without any outlet whatever,
and the water thus collected was dis
charged in the appellee's cellar. Held the
city was liable.
CIRCUIT COURT.
Hon. Edgar A. Brown, Judge.
Sadie Weaver. VS.. James Moran; Islander.
Ella Trigg VS.. John Trigg; divorce: Dis
missed by plaintiff.
Nellie Miller VS.. Samuel H. Miller; d.
vorce. Decree granted plaintiff. and name
changed to Nellie Rush.
John Lindsey, oy next friend. vs. l.. ID:
& w: Elevator Company; damages. Trial
by court and Judgment against defendant
Anna NJ. Nuebling va. Louis w. Nuebling;
divorce. Decree granted plaintiff.
NeU SttH fHed.
Fred Laakman va. John E. Kerr ct al !;
Medical College of Indiana. Street I'M
provement lien.
CRIMINAL COURT.
Hon. Willard +. Cox. Judge.
State vs. Fred Lehman; perit larceny.
Finding of guilty. and sentenced to ninety
days in the work-hOuse.
State VS.. James Wilson; burglary. Yer
dict of guilty, and sentence of two years
in State prison and SO fine.
SUPERIOR COURT.
Room 2-Hon. James W. Harper, Judge.
Charles Wexler VS.. Frank j. Ahrens:
draft. Dismissed. car
Rom 3-Hon. Lewis O. Walker, Judge
Roger r. Shiel VS. Henry A Mansfield ct
al; damages. Dismissed.
Robert Martindale va. William Wesley
Woollen ct al; injunction. Dismissed.
Albert Finder; divorce. Decree granted
plaintiff on ground Of failure to provide
and drunkenness.
William II. English VS.. David A. Ralston
ct al; foreclosure. Judgment against
Boyd NJ. Ralst0ni for S. 305.77. Decree of
foreclosure and sale ordered.
Ner Suits Filed.
George W. Curry We. Ella Curry; divorce
and restraining order. Cruelty.
George Q. Smith eft al We. Kittie Dun
can ct al; mechanics lien. Demand $40.
Henry q. Schott VS.. Jennie b. Schott.
Drunkenness.
John J. Hoover Us. Lydia Darmer ct al:
mechanics lien. Demand S35. ~
Dorcia Davis We. Charles L. Davis;
divorce. Abandonment and adultery.