The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-06-17
The Court Record.
SUPREME COURT OPINIONS.


16a41. Edward T. Claypool ct al vs..
Board of School Commissioners of Marion
County. Reversed. Cotfey, J.-Ehjch 5.
Alvord, in 1850. arreed with the Board of
School Commissioners of the city of Indi-
annapolis to convey to such board certain
real estate In said city for school purposes
free from lions, except mortgage, secur-
ing S6O, OC0 In bonds. payable ten years after
date. and also agreed to make improve
ments on the real estate to be worth
year as rent by taking mp the interest
coupons as they mhturod. and to have the
option TO pay OFT the mortgage and have a
perfect title. and in case 1t failed to pay
Oft such mortgage then 1t was to convey
such property to the mortgages. The
school Board paid the interest but did not
pay tho mortgages. Held, that when the
time expired for the School Board to oc-
mortgages it had not interest in the prop
erty, and held the legal title against trus-
teo for the benefit of the morfga gees, and
equity will compel the enforcement of the
trust.
1892. Jacob Perkins ct al. vs. William
Haywood ct al. Lagrange @. @. Affirmed.
Mcbride, jim drainage proceedings,
after the expiration of the term when
Judgment was rendered, the court osn
make no order changing, modifying OF cor
recting tho judgment except upon notice
again bringing parties before 1t, or upon
their voluntary appearance. When, how
ever, otter entering special appearance,
they make a motion which goes to the
merits of the entire proceedings without
requiring ruling OH the questions raised
by such appearances there was a complete
waiver of notice. 2. Co-iinding and judg-
ment against demonstrators establishing
ditch properly and necessarily involves
judgment against them for cost. 8. Ii the
court has general jurisdiction of a class of
cases, and jurisdiction OF the posters, Its
Judgment is not subject to collateral at
tack.
1883. Wabash Western Railway Com
pany VS.. William w. Morgan. Dekalb Z.
&. Affirmed. Odds, J.-Under the statute
for the examination of party he need not
testify as TO the persons by whom he ex-
poets to prove his facts. 2 The amendment
of q complaint during the trial was with In
the discretion of the court and no abuse is
shown. b The instructions given as a
whole were night.
SUPERIOR COURT.
Room Hon. Napoleon d. TAYLOR Judya
Charles NJ. Stoever ct al. vs. William B.
Lane ct al; on account. Judgment for
plaintiff for 1856.
Max G. Eppenstcin ct al vs. John L. Mil
Ter; on account Judgment for plaintiff for
s1S6
Nev Su.ts Fsted
Horace r. Allen vs.. Joseph Miller and
John Miller; suit on contract. Demand.
$500 Room 8.
bernard Koehring ct al. VS.. Henry Will
Jams; foreclosure. Mechanics' lien. Room 2.
Bernard koehring ct al. VS.. Daniel De
Voss; foreclosure. Mechanics lien. Room l.
bernard Koehring ct al. vs. Martha }.
Cobb ct al; foreclosure. Mechanics lien.
Room g.
William J. Ripley VS.. Miller-Noblock
Wagon Company; suit on contract De-
mand, $500. Room 3.
CIRCUIT COURT.
Hon. Edgar A. Brow Judge.
Van voorhis II Spencer VS.. Susan Rich
ter's Estate. Claim allowed by court for
Paul Pfaffiin VS.. Elizabeth PfaffIin; d.
yorce Decree granted piaintif5.
Winfield Il. Kelley, by next friend, va.
c., c.. Z. g. So. l.. Railway Company; dam
ages. Trial by jury. Verdict for $4,000.
Ee,o Sui Flied.
Jossins w. Clark vs. Laura Clark. d.
vorce.
CRIMINAL COURT.
Hon. Henry y. spaan. Judge Pro Tenn
The following persons were arraigned
Yesterday:
George W. yooris; petit larceny. Plea of
not entity. Trial W ednesdey.
Harrison Tsscal; rape: Plea of notguilty.
Charles White: grand larceny. Plea of
not auIlty. Trial Wednesday.
William BwOks; grand larceny. Plea of
guilty. Fine 81 and imprisonment in State
prison for one year. Disfranchised for one
year.
Thomas Andrews: perjury. Waived AZ
raignment and entered plea OF not guilty.
Eugene Lyons and Caddie Churehill:
] petit larceny and burglary. Plea of not
guilty.
Al Whitman; grand larceny. Plea Of
guilty. Fine of g. and Imprisonment in tine
State prison for eighteen months aud dis
franchiseinent for eighteen months.
John Shoe; burglary. Plea of guilty.
Sentence withheld till to-day.
Mike Roinhart; grand larcenv. Plea of
not guilty. TRIAL Monday.
Berry Sullivan; petit larceny. Plea of
| guilty. Sentence withheld.
George Buliman; assault and battery
with intent Plea Of not guilty.
Annie Chastine; petit larceny. Plea of
| not guilty. Trial Tuesday.
Art Britton aud Frank Ham; petit lar
ceny. Plea of not putty. Trial Tuesday.
Kate Dupree; petit larceny. Plea of
guilty. Sentence withheld.
Ella Cofiman; petit larceny. Plea of not
| guilty. Trial Wednesday.