The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-03-09
The Court Record.
SUPREME COURT OPINIONS.

OPlNlONS.
156Os Margaret Puterbaugh VS.. Horace
hott, Z. J.-Psyment of the purchase
price of land. whether in money or in
property, is not sufficient to take an oral
contract for the sale of land ont of the
statute of frauds. but the fact that the
purchaser agreed to take possession of
property as part of the consideration for
= the promised conveyance does not destroy
the effect of possession as q part perform.
ance taking the case out OF the statute. 2.
When there is a contract. possession and
valuable improvements, the vendor Will
not be heard to aver that his vendce has
no title because he has not the evidence
required by the statute of frauds. 3.
There Is a single action TO qniet title and
such action was not one "of exclusive
equity jurisdiction prior TO the 18th day
OF June. 1882" but Is u statutory action,
triable by jury. as were all actions at law
when the statute of 1881 went into force.
1904. Elizabeth Martin VS.. Joel X.
Motsinger. Washington. &. G. Affirmed. Nc
Bride. Appeal from proceedings in an
insanity inquest. Jurisdiction of the per-
son in insanity proceedings may be had
without notice to the party. The law re-
guires that the party be produced If
possible In open court that he may have
opportunity to defend-in such case no.
tice is immaterial If he is not present and
not represented by some one authorized to
appear for him the inquest Is invalid. The
party IL not bound by the appearance of
the prosecuting attorney as provided In
Section 1894 X. 5. party may not only
waive notice in such cases by q personal
appearance but may appear by attorney.
1855. John NJ. Powell vs. Nicholas Ben
nett. Boone. &. e. Reversed. Cotfey, j.
Until the creditors are paid no member of
the firm can recover. for his own use, any
part OF the partnership assets.
1888. Alice Champ ct al VS.. Francis X.
Kendrick, Trustee. Fulton G. T.. Affirmed.
Miller J.-When the only relief prayed for
ia N nj "a n
verification of the complaint Is not re-
CURED. Upon appeal from the final judg-
ment. and not from the lnterlocutory order
granting q temporary injunction. 1t IS
was verified not. Want of verIfcatlOn
cannot be raised by demurrer, but by mo-
ton 10 reject for want of verihcatioD. 2
Where a trespass IL threatened to the irrep-
arabic injury of the plaintiff and the tres
passer is ins0lveDt, and action for damages
will not give relief. equity will interfere by
Injunction.
1850. James B. Kits VS.. VIM. ID. Wilson.
Ripley c. Z. Dismissed.
SUPERIOR COURT.
Room Hon. Napoleon b. TAYLOR Judge
Cora B. Perkins ys. the Adams Brick
Company; damages. On trial by jury.
Room 2-Hon James w Harper. judge
Indianapolis Savings and Investment
Company VS.. Jane Jennings ct al. Dis
PISSED and costs paid.
Land and Improvements Company; suit on
contract On trial by Jury.
Alexander h. McMnrtry vs. John Sanders:
On note. Dismissed and costs paid.
Room Sion. Lewis c. Walker. Judge.
Indianapolis Savings apd Investment
Company VS.. VIM. o. Monroe ct al; fore
closure. Dismissed and costs paid.
Harrsld Strlnger ct al. Vs. Robert G. Light
ct al; on contract. Dismissed at plaintiffs
costs.
SamuelF. Kimberlin VS.. ID. E. Stone
Furniture Company; note. Dismissed at
plaintiffs costs
Eer Suits Filed
P. 8. Geissler VS.. Robert HI. McCutcheon
ct al; on account. Demand. $500. No. 8.
Charles Manning ct al VS.. John r.
Brown; on contract. Demand, $50. Room l.
Joseph Bernaver Vs. James l.. Homar eJ
al: complaint TO foreclOse street improve
ment lien. Amount involved. S2l69S.
Room =.
Morgan ct al: on account. Demand. S1l0.
Room 1.
Jennie Denny vs. Citizens Street-rail-
way Company; damages. Demand, $1,000.
Room s.
Nina Goodall VS. Samuel GoodaIl; divorce.
Abandonment and failure to provide.
Room 2.
CIRCUIT COURT.
Hon. Edgar A. Brown. Judge
QuiIin Jacket VS.. Alfred Pahut ct al: on
account Trial by jury. Verdict for plaintiff
for Si2S
CharIesW. Gorsuch h, Guardian. and Benz.
Cannon VS.. The Town of West 1ndianapo-
lis: appeal from assessment for opening
street. On trial by court.
Renihan. Long ~ Hedges VS.. Mahala
Browns Estate: claim. Allowed for $50
Laura A. Coble VS.. Mahals Browns Es-
tate; claim. Allowed for Sll30.
Mary A. Coble VS.. MabRla Browns Es-
tate; claim. Allowed for S203. Is.
CRIMINAL COURT.
Hon. Willard f. Cox Judge
State vs. o. r. Simons; petit larceny.
Fined 81 and sentenced To work house for
sixty days.
State VS.. William Young; assault and bat
terry. Acquitted.
State va Herman Wolf: assault with In.
tent To kill. Southern prison for five years