The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-24
The Court Record.
SUPREME COURT OPINIONS.

u Dc
nett ct al. Fulton c. C. Affirmed. Olds.
c. J.-Assignees of notes secured by mort
gage providing upon failure to pay one
note all shall become due and collectible
take a pro tanto interest in the mortgage
security with priority according TO the
dates at which their notes mature, as stat
ed in the notes. and this priority Is not
changed by the default In payment by the
mOrtgageOr and maker In the failure to pay
either the principal or interest of any note
at maturity, by which default all OF the
notes mature.
1625S. James l.. Peed ct al vs. John T..
Elliott ct al. Madison c. c. Affirmed.
Olds. c. IA debtor, even though be be
lnsolvent. may prefer and secure bona
fide creditor, and IL matters not how short
O time intervenes between the convey ance
or mortgage executed as q preference and
the deed of assignment If 1t be In fact o
separate transaction.
1928. George A. Jackson ct al vs. Ma
tilda Landers et al. Morgan &. G. Re-
versed. COifey. jim order to create an
implied trust there must have been fraud.
either actual or constructive. None is
shown In this case.
1926. Harriet L. Haskett VS.. Georgia
NJ. Alexander. VIgo q. q. Reversed. COf-
fey. Words of Recommendation request,
entreaty, wish OF expectation addressed to
devlsee or legatee In will make him a
trustee for the person In whose favor the
expressions are used. provided the testator
has pointed out with sufficient certain ty
both the su bject matter and the object of
the intended trust.
1878. Rhodes Burford IL Go. vs. Lafay-
cite Mattox ct al. Floyd c. G. Affirmed.
McCabe, IA Judgment of Justice who
had tried the case by q jury of six instead
of twelve. is not void and not subject to
collateral attack.
1922. Martha Z. Goldthwait ct al. VS..
George Walker ct al. Grant e. G. Re-
versed. Hackney, Ut Is only upon con-
tracts. express or implied. that the right of
exemption is secured. and In pleading such
right or in finding the facts upon which to
predicate such right it must appear that
the contract was of the character author
izing it, and a general allegation of the ex-
istence of such right Is insufficient.
1879. Owen McCann We. hiram Jean.
Greene c. T.. Reversed. Howard, IA
Judgment rendered by court of general
coilaterally attacked, though erroneous.
2 A tax deed holder under the statute is
entitled to taxes paid by him with 20 per
cent. interest thereon and to have judy
ment therefor declared lien on the prop
erty.
1865. George w. Bennett VS.. Jane M.
May. Vigo &. G.. Affirmed. McCabe. j.
The proper way to present question on q
ruling as to excluding certain evidence IN
an affidavit for continuance Is to have the
language stricken out of the athdavlt In
cluded in q bill of exceptions. 2. Where
the motion for q new trial joins all the in
structiOns refused by q cOpulative con-
junction, and" if all those refused were
not bad. there was no available error. 3.
A compromise agreement Is not VOID be-
cause the claim compromised was not legal.
T. An affidavit for q change of venue al
leging that the party did not know of the
prejudice In the county against him until
the making the affidavit. which was after
the expiration of the time required by the
rules of the court, Is sufficient. 3. A de-
cision refusing a change of venue from the
county and exception thereto were carried
forward to the overriding of the motion for
new trial. and the time then allowed by
| the special judge to reduce the exceptions
to writing authorized the incorporation
into bill of the affidavit and motion for a
change. ruling thereon and exception
thereto. A Judge has no power to ign q
bill after he had appointed special judge
aud such appoIntee had assumed and re-
tanned jurisdiction to the close.
APPELLATE COURT OPINIONS.
1874. City of Lafayette vs. VIM. Ashby.
Clinton G. c. Reversed. Davis. j. Rein
hard j. tiles concurrlng opinlon.-Actlon
against the city of Lafayette to recover
| for personal injuries. The evidence on the
vital points Is unsatisfactory, and the Civ
| ing and refusing of various instructions
may have been such preludicial error that
| the Judgment should be reversed for new
| trial.
S97. John Hodge ct al. VS.. Farmers Bank
OF Frankfort. Boone @. G. Reversed.
| GAVIN, &. J.-When the payer of a note
added the word cashier" to his name In
the note. without the knowledge or consent
| of the sureties, they were released.
| Ca. James G.. Taylor ct al. VS.. Fredk
| Dohn. Bartholomew Q. G. Affirmed. Rem
bard, j.
500 Vim. Nj. Levy ct al. VS.. Isaac Biglow
ct al. Marion &. G. Reversed. Lorz. j.
| SUPERIOR COURT.
| Room flames NJ Winters. Judge Pro Tenn.
| Amos w. Reagan vs. Douglass A
Leathers; for On accounting. etc. Dismissed
| and costs paid.
| Carrie ii. Ayres VS. Frank j. Ayres
| divorce. Dismissed and costs paid.
| George w. Reed VS.. Sarah Reed; divorce
| Decree granted plaintiff.
Oliver Z. Morgan ct al. VS.. Horvey ID
| Worries. Superin tendent of Public Instruc
| ton for the State of Indiana; injunction
Perpetual injunction granted.
United States Saving Fund and Invest
mept Company Us. Cyrus w. Lawrence e
al; foreclosure. Judgment for plaintiff TO
Sl.l65.6S
Oliver C. Myers VS.. Indianapolis Uniol
Railway Company; street sprinkling lien
Dismissed and costs paid.
| Room FLAMES w. Harper. Judge
Lilly Hurd vs.. William Hurd; divorce
Tried ny court: divorce granted plaintiff.
p. Lieber Brewing Go. VS.. Julius A
Schiller: on note. Dismissed by plaintiff
| at defendants cost.
4 JAlDe5 II. w eDDeE vs.. miQDl6 ID. w cODel
divorce. Tried by court; divorced an
custody of tie two children granted tn
defendant on her cross-complalnt.
Room s-Piny W. Bartholomew. judge.
John Il. Dougan vs. Orange d. Reeve.
note. Jndment for ST0 ID.
| National State Bank OF Terre Haute v.
Kentucky and Indiana Hedge Company
notes. On trial by jury.
| Nclo Suits Fued.
Minnie f. Dearmin VS.. Loren Dearmir
divorce. Room 8.
Mary NJ. Smith VS.. Charles Ii. Smith; di
vorce. Room 1.
CRIMINAL COURT.
| Milard h. Cox, jules
State VS.. Jacob Williams; assault an
battery. Fined 500 aud costs.
| State VS.. Spencer Lawrence; grand La
ceny. On trial by court.
CIRCUIT COURT.
Edgar A Brown, Judge
Edgar p. Smith VS.. Citizens Street-rai
way Company ct AL; damages. Demanl
$1,000 jury returns verdict for $780,
Otto II. Hasselman VS. J. ii. Haverly G
al; on account Judgment for plaintiff fC
S6SS21
W.. s. CARRIER was appointed court r,
porter on account of the continued illnes
of Miss Addie Hardy.
Maria A. Bishop ct al. vs. Hester Harr
son et al; contest of will. On trial by jurl
Nep Siut Filed
John w. Painter ct al VS.. The Indian al
oils w srehouse Company ct al; xeplevin.
|