The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-29

application and proof. yet they have the
night. rs against the execntrix, 20 allow
the sale to stand and treat her as trustee
holding the land in trust for them. and
MAINTAIN an action and have the trust de-
cIared and their title Co the land quoted
upon iuss and equitable terms. In such
case q new trial as Of right is grantable.
1884 James A. Wood vs. State. Wayne
c. C.. Reversed. McCabe. Jan opinion
OF proposed Juror based on reading an
affidavit, or what purports TO be an atfi-
davit of a witness to the transaction and
acts constituting the crime charged, IT not
within the letter Of the statute. Is within
the reason thereof, making certain opinions
q disqualification of a juror possessed OF
snch an opinion, and he is therefore incom-
petent.
APPELLATE COURT OPINIONS.
s74 William Carr VS.. Permelia Carr
Monroe c. c. Affirmed. Lott. IA COM
plant for support alleging that the hus-
band abandoned the plaintiff. Is not too
general as showing desertion. An allega-
tion that defendant has renowned the
m arriage covenant is too general. The re-
nunciation refusal to live with the wife
in the oopjugal relation must be accompa-
MED by the act of Joining himself to sect or
denomination whose rules and doctrines
forbid q man and woman to dwell TO-
gether in coDjugel relation. Where the
evidence shows that a wife left husband
because his conduct was Infamous the law
will deem him the deserter.
ia. VIM. Il. Cofiing ct al. vs.. Robert
DUNCAN. Fountain T.. c. Affirmed. Da-
cannot defeat the exemption laws by set
ting of against the note. when sued. q note
executed by the payee or q Judgment rem
dered against him.
715. VIM. b. Coffing ct al. ys. Robert X.
DUNCAN. Fountain c. C. Affirmed. Rein
hard. c. Jan insolvent debtor who is
plaintiff in an action on q promissory note
may successfully claim such note as ex-
empt from execution or other final process
as against q note, account or judgments
do this by way OF reply to the answer OF
set-off
SUPERIOR COURT.
Roeml-Napoeon B. Taylor Judge.
Thomas C. Wright vs. c.. G.. c. & ST. L.
Railway Company: damages. judgment
for plaintiff for 81. 800.
James NJ. Cook VS.. Newton NJ. Bowen; on
contract. Cause settled and dismissed.
Gertrude Shutters W. Board OF Cbildren's
Guardians: habeas corpus. On trial by
court
Room 2-J. W. Harper. Judge.
Bank of Commerce We. David Pepper; on
note. Dismissed by court for failure TO
prosecute.
John Raftery vs. Benjamin HetherinGton
ct al; damages. Motion for new trial over
ruled. Judgment for plaintiff for $1,000.
Stella O. Scanlon vs.. city of Indianapolis;
damages. Motion for new trial withdrawn.
Judgment for plaintiff for $3.50.
Room s-Pliny w. Bartholomew. Judge
George Lowe VS.. Citizens Street-railroad
Company; damages. $4,000. On trial by
jury.
Ne,c Suits Filed.
Charles Martindale, Trustee, vs. Daniel
ID. Dorrell ct al; foreclose mortgage.
Room 2
Lille Clinton, by her next friend Nellie
Clinton, vs. James Maloney; damages. De-
mand, g., 900. Room s.
The Bowen. Merrill Company VI Carl b.
Swain; note. Room 1.
The West-side Planingmill Company va.
Rheinholdt Stark ct al; to forec,ose lien.
Room g
CIRCUIT COURT.
Edgar A Brown. judge.
william M. Wright VS.. l.. Z. 81 w. Rail-
road Company; damages. Demand. SOS, 900.
Petition for removal to United States Court
granted.
l. II. Strain, administrator, etc.. VS.. /. ID.
81 w. Railroad Company ct al; damages.
Demand, $4,000. Trial; Judgment for 5000.
Mary OConnor VS.. Michael Foley; for
possession. Judgment on verdict for 500.
Indianapolis Lodge 465 /. o. D. I. VS..
Margaret j. Rentch ct al; on contract. On
trial by jury.
William f. Stevenson Va. Agnes G. Pat
terson ct al; note.
Zschsriah P. Keller vs. Webster w. But.
terfield and Cornelius B. Holloway; dam.
ages Demand. $500.