The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-30

1At0A ~ 1t06 8a1
appellees having conveyed away land
through mistake. must lave the deed cor
rected before they can recover. Having
conveyed away the legal title. they cannot
recover on their equitable title except they
reform the conveyance by which the legal
title passed. There is no finding OF fact
showing any demand for a De-
fore suit was brought, and this was neces-
sary.
l604a. Thomas Reese ct al. VS.. Edward
c. Coffee ct al. Franklin T.. c. Affirmed.
Coffey, il. The cause assigned for new
trial must be sufficiently definite and spe.
clfic as not to impose upon either the trial
or Appellate Court the task of searching
the records for the alleged erroneous rul-
ing. 2. The evidence snstaiDs the finding.
1601S. William Coats VS.. state ex rel.
Marion Window-glass Company. Grant Z.
T.. Affirmed. Coffey, J~.-Mandamus Is q
proper remedy where q justice refuses to
accept and approve an appeal bond admit
ted as sufficient. 2. The appellee was not
CON pelled to pay the Justice fees before
the service WAS rendered. and as he de-
clined the bond 1t was not bound TO wait
twenty days before commencing an action
duty.
APPELLATE COURT OPINIONS.
7O3. Henry Simonson We. Town of West
Harrison. Dearborn C. c. Affirmed. Black,
IA person voluntarily paying taxes into
the treasury of an Incorporated town oan-
uOt icClhlul TIC nODCy 6iiCkco w NO
fully assessed by setting MP ignorance con-
corning the character of the Transaction.
There 10 no statute authorizing the refund
ing of snch money.
7O7. Almon Lyon VS.. City of Logansport.
Cass C.. c. Affirmed. New, ia oity is
only required to construct and maintain Its
sidewalks in q reasonably safe condition in
view of the surroundings. and 80 that q
person of ordinary ability can, by using
proper care. pass oyer the same.
goo Ik Al-Dr,da 80 India ~ mo-
LIS Frog and Switch Company. Marion c.
c. Affirmed. Fox, IA master under
takes to exercise reasonable care ana
diligence in providing his servants with
safe appliances and surroundings, while at
the same time the servant ordinarily as
sumo all the incidental risks of his employ:
ment and within the reasonable range OF
his observation.
SAC. Union Central Life Insurance Com
pany VS.. John T.. Huyck. DeKalb {. Z.
Reversed. Crumpacker. G. J.-Wbere q
party was induced by fraudulent repre-.
sensations to execute o note in the belief
that 1t paid premium on a policy of insur-
ance and interest on q load for one year,
when, in fact, it only paid the premium.
the note Is vftiated. although it recited the
consideration. 2. A party cannot charge
In bis pleading that q person acted as the
agent of the adverse party in the subject
matter of the suit and then prove that such
party was his W agent
SUPERIOR COURT.
Room HI Napoleon b. TAYLOR. Jutga
George B. Wright VS.. James NJ. Elder ct
al; on notes. Cause dismissed and costs
paid.
Ellen Whitaker ct al. VS.. Northeast Saw
ing and Loan Association; to set aside
Judgment. Finding for plaintiff and de-
cree setting aside Judgment.
Ellen Scott ct al. VS.. Eliza j. Harper ct
al; to set aside conveyance. Finding for
plaintiff.
Provide1t Saving, Loan and Invest
ment Company VS.. Lucretia h. Doane ct
al; foreclosure. Judgment for plaintiff for
S1.0S3.4s; mortgage foreclosed and sale
ordered.
Room 2-Hon. James W. Harper. Judge.
Stella o. Scanlon VS.. The City of Indian
apolis; suit for damages. Tried by jury.
Jury returned verdict for plaintiff for
Sl,250. Judgment rendered on verdict.
Room 3-Hon. Edgar A. Brown, Presiding.
Phoebe A. Banie VS.. Henry S. Keely ct al;
note. Judgment for S12l.32.
Mccormick harvesting Machine Compa-
nv VS.. John Heaton; note. Judgment for
John R. Lindner vs.. Herman Ackelow;
account. Dismissed at plaintiffs costs.
Nep Suits Filed.
Samuel S. Rhodes VS.. William Perry and
Mary Perry; mechanics lien. Room 2.
Charles +. McClelland We. John Johnson;
sui Ou aCCOuut. hOOm D.
Salvador Palma vs. Charles Palma ct al;
suit on account. Demand S12.g. Room l.
CRIMINAL OUR
Hon. Willard 3. Cox. Judge. a.
State va. Annie McMath. Hattie Stone
and Nettie Hobbs; assault and battery with
intent to murder. Evidence concluded and
finding of guilty rs to all. Annie McMath
in the work-house; Hattie Stone lined SO
and imprisonment in the work-house for
thirty days; Nettle Hobbs fined S25 and
imprisonment in the work-house for sixty
days.
State VS.. Charles T. Coburn; forgery.
Released on his personal bond TO obey the
order of the court.
State VS.. Albert Howard; grand larceny
and receiving stolen goods. Trial by
court. finding of guilty, fined S25, and SEN
fenced TO one year in the penitentiary.
State VS.. Michael Roach; desecratlng the
Sabbath. Appeal from Justice Daniels.
Trial by court. and finding of not guilty.
State VS.. Charles Hunter; grand larceny.
Judgment and sentence on the verdict of
the Jury. Fined 500, and sentenced to
nine years in the pe%nitentiary.
State VS.. Thomas McMahan: petit lar
ceny. Pleaded guilty, fined S25, and SEN
fenced to work-house for thirty days.
IRCUI COURT.
Hon. Ed gar A. Brown, Judge.
Lyman w, Curtis VS.. Dora Eberhart, ad-
ministratrix of George Eberhart's estate;
Judgment on demurrer 20 the complaint
against the plaintiff for costs.
Lulu Wright vs.. Patrick Graney; breach
of promise. Dismissed by plaintiff.
Ann Gordon was declared o person of un-
sound mind by a Jury.
Eli +. Ritter VS.. Leonard Hinkle; libel.
On trial by Jury before the Hon. Pliny w.
presiding.
Theodore E. Zell VS.. American Watch