The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-20


pellant's loss of affection for his wife and
his infatuation for Mrs. Whitehead, a
widow with means. One of the errors al
legged is the action of the lower court in
denying appellant continuance of the
trial of the cause applied for the day be-
S i filed iDi by appellant is lengthy and
anticipated the line of prosecution. The
court considers the evidence and holds that
the testimony proposed was material, and
that the AFFIDAVIT showed diligence in pro-
curing IL. 1t was error to refuse to grant
continuance. 2 Evidence that witness
She e ond t o Sp
(witness) would not have any sympathy
for them il they lost it all was improper
husband (the defendanO containing express
sions OF endearment and offered by appel
liant, was improperly excluded.
1872 William IL. Thornburg ct al: vs..
Daniel c. Virgins ct al Randolph G. c.
Reversed. Daley. Husband and wife,
notwithstanding tenancies by entireties, ex-
may take and hold lands for life in joint
tenancy or in common, If appropriate Ian
guage be expressed in the deed or will
creating it The expression convey and
tenancy creates joint tenancy.
APPELLATE COURT OPINIONS.
937. Anna j. Kerlin VS.. National Acct
dent Association. Marion s. c. Reversed.
cution of an application for a policy in a
mutual accident association, the applicant
offered and rendered the agent of the COM
pany the full premium in cash G30), and
the agent was owing the applicant $40. and
told the latter to pay him only the sum of
$40 easn on sucn premium 1h an thsr rhs so nd
the applicant acting in entire good faith
paid the $40 in cash. and relied in good
latter would pay the company the other
so, held this in law (as given in an in
structioD was sufficient payment Of the
s4S Patrick III. Mccormack vs. Patrick
I'll. Sweeney ct al. Bartholomew {. e.
Affirmed. Reinhard, J.-When a bond in
ligee may sustain by reason of the nom
payment by the, obligor of his proportion
of any partnership liabilities of the late
firm Of. etc, it does not cover any indi-
vidual debt of the obigor
727.. First National Bank of Richmond vs..
Lotz J.-Counter afidavits may be re-
ceived denying the truth of the material
facts stated by the newly-discovered wit
ness.
$40. William Molkhering VS.. Valentine
Smith ct al. Wabash G. c. Rehearing de-
MED.
Superior Court.
Room flames M. Winters, Judge
Pauline George VS.. Odel George; divorce.
Decree granted plaintiff. Maiden name OF
Pauline Madinger restored.
al; foreclosure and receiver. Albert Z.
Metzger appointed receiver. Bond filed.
Elijah b. Martindale VS. Flora A Kelsey
for S976.40. Mortgage foreclosed and sale
ordered.
Room 2-J. w. Harper, Judge.
indianapolis Union Railroad Company VS..
Citizens Street-railway Company; injunc-
ton. Cause dismissed by plaintiff.
Chas. o. Buser VS.. Chas. Evans; damages.
Tried by jury. Verdict for defendant.
Stephen Boyle VS.. Indianapolis Frog and
switch Company; damages. Tried by jury.
Verdict for plaintiff for $500.
Room 3-Pliny w. Bartholomew. Judge.
Frances Penego VS.. Consumers Gas Trust
Company ct al; damages. On trial by jury.
Dismissed and costs paid.
United States Mortgage Company VS.;
William Henderson; foreclosure. Dismissed
at plaintiffs cost.
NEW SUITS FILED.
Elizabeth Walcott VS.. Horace R. Allen ct
al: foreclosure mortgage. Superior Court,
Room 2
ct al; on account Superior Court Room /.
Loom lii on account. Circuit Court.
mechanics lien. Superior Court, Room g.
Frank NJ. RAIDER VS.. Preston Litton; for
wages. Superior Court, Room 2.
Davis; note. Superior Court, Room 3.
Fred c. Starr VS.. the Bryan Merchandise
Company ct AL; for receiver. Circuit Court.
Echolds ct al; note Superior Court Room
Mary Parker vs. Henderson Parker; di-
vorce. Superior Court Room /.
/ Ellen V. Mcdonald vs. Michael A. Nc
! Donald; divorce. Circuit Court
Criminal Court.
Francis ]. Reinhard, Judge pro tenn
State VS.. Philip Carroll; grand larceny.
Trial by jury; guilty. Imprisonment in the
State prison for one year and fined 81 and
costs.
State VS.. Albert Linderholm; petit lar
ceny. Pleaded guilty. imprisonment in the
workhouse for ninety days and fined s..
State VS.. Wiley Meyers; petit larceny.
Pleaded guilty. Imprisonment in the work
house for sixty days and fined So.
State VS. James j. Gray; house-breakng.
Trial by jury; guilty. Imprisonment for five
yea RS in the State prison.