The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-05-12
Will Have TO Stay Married a


Will Have to Stay Married q While.
After to-day all divorce cases set for
Judge Harper's Superior Court, No. 2, will
not be heard till after vacation.
The Court Record.
SUPREME COURT OPINIONS.
1876. Elisha Havens ct al. va. Edward
+. Cord ct al Tlppeeanoe s. G. Affirmed.
Elliott Z. jim an attachment proceeding
when no answer was filed after trial. it will
be assumed that an answer was waived on
no abuse OF discretion by the court in per-
hitting answers to be filed there is no
available error.
15si2 L. S. & NJ. s. Railway Company
Affirmed. Olds, 1.-The owner of property
In township Is liable for his proportionate
part OF aid voted by the township to q rail-
road, although the board of commissioners
of the county. after voting of the appro-
priation. chan ed the township boundaries
and placed portion Of the property of such
owner heretofore located In another town.
ship and made it q part of the township
voting the aid. snch change having been
made before the tax was levied upon the
property of the township voting the aid.
1875. Mary A. Kluigler VS.. Catharine
Smith ct al. Boone C. e. Rehearing de-
MED. Odds. 1.-The only motion for a new
trial in the record is a general motion for
new trial as to the whole case. The error
assigned Is the Overruling of motion for a
new trial on the cross complaint. There is
either no proper assignment of error or no
motion. overruling of which is assigned. in
the record. No question is presented.
1851. b. & o. Il c. Il. r. Company va.
Charles {. Smith, Treasurer. Lake c. c.
Affirmed. Odds: J:-Afiirmed on the au-
1871, State Ok rel. Victoria NJ. Knight
VS.. William A. Rogers. Monroe c. C. At
tirmed. Mcbride. J,-When the court has
jurisdiction. both of the subject-m after
and Ofsthe parties. it's decree as against
sumed to be correct.
1875. Wesley Smith ct al. vs. State,
for use Jesse H. Dowell, Commissioners.
81 far aSs the
drain were pending when the act of April
6.1SS5. went into effect they wero within
the saving clause of the repeating section
of that act lElliotts Sup. 1896. and the act
of 1888 governs the construction of the
drain and the collection of tho assessment.
Under the statute authority was given the
commissioner of drainage to sue for only
SO much of the original assessment as he
and pay the costs aud incidental expenses.
1922. Oliver H. Fisher Administrator.
VS.. Tillman H. Fisher. Huntington G. G.
Petition to modify opinion overruled.
NJ. Smiley ct al Decatur G. &. Rehearing
denied.
APPELLATE COURT OPINIONS.
'2sO. o. & NJ. Railway Company VS..
Alonzo G. Smith. Jennings c. c. Affirmed.
Robinson. e. IA disclaimer by defend
ant of ali liability tor services gives the
plaintiff q right of action without requir-
ing him to make demand to fix q compensa-
sation for his services 2 There is no
Of sSa wss ali
dence given in the cause" and the evidence
is. therefore. not in the record.
800. George w. Bunting va Edward l..
Mick. Marion s. G. Reversed. Reinhard.
by an indorsee to which q demurrer was
sustained were good without an averment
of notice of the defenses of the maker.
then the fact that they were sub
ment of notice. the sustaining of the
demurrer cannot be said to be harmless
error. q In order to avoid defense
against a negotiable note it is the ordinary
| showing that he is bona fide holder for
value before maturity without notice. If
these facts are averred in the complaint
| the defendant must meet them. but aver
ments in the complaint that the plaintiff.
tho IndOrser and the payee became the
owners of the note in the due course of
business before maturity, for valuable con-
sideration and In good faith. are not equiv
alent to averments that they came into
| possession of the note without notice of
| the defenses set up i'm the answer, and did
| not east on defendant the duty of avsrring
notice.
455 OolitIc Stone Company VS.. John p.
| Crofton. Monroe G. Z. Reversed. Black.
J.-Sui: for services for the time between
| July. 1889. and January. 1890. Plea of pay
| ment.s and the court found such services
subsequent to the last date, and concluded
as matter, that appellee was entitled to
| recover therefor 1856. Held error.
SUPERIOR COURT.
Rcom Hon. Napoleon B. TAYLOR Judge
Thos. Gunnes vs. Chas b. lockwood; on
account. On trial by court.
Aurelius Boaz We: C.. C.. Z; & ST. l. Rail
fendsnt to plaintiffs evidence overruled
| and exceptions.
| Room 2-Hon. J. w. Harper. Judge
VIM. R. Fairy va Hiram Campbell ct al;
Judgment for plaintiff for 800.
Room Sion. Lewis @. Walker. Judge.
| May M. Madsen VS.. Lawrence p Ras-
muss; in appeal from Feiblsman. Trial by
| court Finding for plaintiff in sumof S1O7.
| Henry Schnull ct al. Vs. Oscar +. Sande-
borg: attachments and garnishment: Trial
| by court. Finding for Henry Sohnull ct
Bride Il Go. tor Sl45.10.
| Charles F. Adams VS.. Sam L. Marrow ct
| al; appeal from Smock, j. p. Trial by
court. Judgment against defendant for re-
4 Turn Oh properly.
| 8" Nctc SUITS Filed.
| Bernard Kehring ct al vs.. John V. Half
ner; to foreclose mechanics hen. Demand.
| 500. No. /.
| William s. Gregg va. John s. Flack ct al;
| on note. Demand, $500. No. 8.
| Emma Williamson vs.. Alexander Will
hanson: divorce. Cruelty and failure to
| provide. No. 2.
CIRCUIT COURT.
Hon Edgar A Browp Judge.
| Sophia Spannuth VS.. Caroline G. P9h-
| Ter; SANDER. Jury returns verdict for de-
| PENDANT.
| CRIMINAL COURT.
Hon. Milard F. Cox. Judge
State We. Abe McPeak: petit larceny.
| Jury returned verdict of four months In
| the work house.
| The Grip
Leaves its vlctims very weak and debill-