The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-18

Affirmed. Mcbride, IAN instrument:
Of Co SIS in isF ns gesf
1890 This is for the exclusive right to all
gravel and sand for the year above named
and excluding all other parties from said
premises" Signed by the owner. Held:
The instrument was q lease.
1852 Eliza A. Alkire vs. VIM. i; Alkire
ct al. White c. G. Affirmed. oids, >.
Where one contemplates second mar
riage and having children by former
wife. having made no representation as TO
his property for the purpose OF INDUCING
his prospective wife to enter into mar
rage contract with him, the fact that ne
makes reasonable provision for his chill
dren In proportion TO his estate. retaining
sufficient property TO afford him and bis
second wife reasonable support and her
after his death. such transaction Is not
fraud. although the second wife was not
advised of it.
1887. John Ralston ct al. VS.. Abram j.
Beall ct al. Miami G. G. Rehearing de-
MED.
1861. Minerva Robbins VS. William Fl.
Swain. Executor. Randolph c. G. Trans
ferred.
APPELLATE CoUR1 OPINIONS.
565. Muucie Street railway Company vs..
John u. Maynard. Delaware e. &. At
frmed New, J.-Servants in charge OF an
engine On a street-car track must. upon
seeing frightened animal driven along
the street heed the danger, siacken the
opCou. uuus Al uoCcScdTy w 0sOtu iuJuAJ,
stop the train. 2. A traveller is not bound
to nse other streets to avoid cars.
52s. City of Lap orte VS.. John II. organ,
Administrator LaPorte c. c. Affirmed.
Reinhard, {. IAN adjudication upon
demurrer is as conclusive and binding upon
the parties and operates as res adjadicata
the same as q Judgment rendered upon
Issues Joined and tried by the court Or jury.
2. A form of Judgment reciting the court
renders Judgment for the defendant" Is
sutfclent
6i9 LIE. g. w. Railway Company VS..
Edison G. Fishbaek. Jay c. G.. Affirmed.
Fox, IA demurrer for want of facts does
not raise jurisdictional question. 2. In
an action against a railroad for killing
horee. where il was alleged that the rail-
road was not fenced at the place where the
animal entered. it was not necessary To nj
lege the railroad could have been properly
fenced at that point.
65l. Emily Monroe, Administrative VS..
Clinton Storer ct al. Vanderburg G. e. Re-
versed. Crumpacker, }. Reinhard, G. j.,
dissents-An agreement to pay "attor-
the collection of the note made necessary
by the default OF the maker whether suit Is
brought or not
SUPERIOR COURT.
Room Hon. Napoleon b. TAYLOR. Juiy>
keystone Land and Improvement Com
pany VS.. Lincoln NJ Webb; damages. Dis
missed.
Sarah Z. Enners ve Louis Enners di.
vorce. Decree refused plaintiff and grant
ed defendant.
Grover G. Hinman, Trustee, vs. Mary f.
Lindsey ct al: foreclosure. Albert i.
Metzger appointed receiver to collect rents.
Room 2-Hon. James W. Harper. Judge.
Union Collar and Net Company VS..
Robert NJ. Williamson: on account Tried
s 81 s00'' '0uH"'n' ''f ''A'n''i '''
Stella o. scanlon vs. City of Indianap-
| oils; damages. On trial by jury.
Room s-Hon. Pliny w. Bartholomew. Judge.
Edwin b. Cummings VS.. Royal Publish
| ing Company; damages. Jury returns ver-
dict in favor of plaintiff for sum of $3.50.
George b. Marsh VS.. Ida l.. Marsh; habeas
corpus. Dismissedat plaintiffs cost.
John De Ford VS.. Chris Rafert; damages
| On trial by jury.
Ne,c Sails FWed.
ID. c. Shirk VS.. NJ. n. Chaille ct al; suit
| on note. Room J..
Willis P. Maine VS.. Earl M. Ogle ct al:
| mechanics lien. Room 8.
Oscar (. Lotshaw va. Susanna Lotshaw;
| divorce. Room g
Perry NJ. Wallace vs. Clara Wallace; de
| voroe. Room 3.
| Charles L. Shower ct al. vs. James w.
| Armstrong ct al; suit on account. Room 2.
Henry Davis VS.. Enos w. Hoover ct al;
| suit on note. Room 2.
| Franklin Bnggy Company vs.. Hugh B.
| Dickson; suit on account. Demand, $1,000.
Room /.
| James W. Lilly and Frank ID. Stanaker
VS.. Alpheus II. Wynn ct al; mechanics
| lien. Room !.
| w. Hare x Son VS. Sarah c. Owens ct al:
suit on note. Room B.
| CRIMINAL COURT.
| Hon. Mi,ard r. Cox Jadre
| State VS.. William Cooherel; assault md
battery with intent To rape. Defendant
| Withdrew plea Of not guilty entered a plea
of guilty; fined 800 and sentenced to four
| teen years in the penitentiary.
| State VS. Emma Cruze; provoke. Appeal
| from Justice Habich. Dismissed by the
State.
l CIRCUIT COURT.
| Hon. Edgar A. Brown Judge
| Mary Jane Watson We. Sarah NJ. Watson.
| for annulment of marriage. Trial by court
Calling of claim docket. Saturday, Nov,
\ 10, 1882