The Indianapolis journal., 1893-05-15
THE COURT RECORD.
APPELLATE COURT OPINIONS.

~ Robert l.. Haverstick VS.. State ex
rel. Sarah T.. HaversticK. Marion c. Z.
Rehearing denied. DAVIS, IA Judgment
will not be reversed where the rulings OF
error were harmless.
7S9 Granville Walker VS.. Alice John
son. Wells G. c. Rehearing denied.
Lotz. jim lii:ht Of the facts disclosed by
the record the ruling complained of was
concurrinR.
o65. Bank of Westfeld VS.. Robert C.
Inman ct al. Hamilton C. G. Reversed.
Lotz, J.-l. Where the principal fact is
given in evidence without objection it is
not reversible error to give in eviden ce
a subsidiary or corrOboratlve fact. Z.
Where there were many matters prop
erly given In evidence consisting OF &C.
counts, notes, bank checks, etc., an In.
structiOn to the jury that they are only to
consider these matters is erroneous.
9l3 August Steinke ct al VS.. Harriet A.
Bintley ct al Marshall c. c. Affirmed.
Gavin. J.-L Under the statute vari-
ance is not material unless o party has
been worsted. and under Section 392. r. s..
1881. when 1T is not material the court may
order amendment. and If 1t is not made
without objection there Is no failure of
proof. 2. Where there 10 q parole agree
ment TO flow water through q ditch acted
upon by the parties both performance and
possession taken there Is In equity right
of easement created which Is appurtenant
to the land ami houses with it. An action
with the ditch does not include all DAM
ages pros psctive as we'll ss present. SO that
a subject grantee may sue for the main
teDsnce of nuisance.
655. Indiana etc, insurance Company
VS.. Fletcher ID. Rundell. Owen c. C. Ro-
hearing granted.
sloners. Hancock c. Z. Motions for rehear-
Ing and to reinstate overruled.
SUPERIOR COURT.
Room 1-James NJ Winters Judge Pro Tom.
Thomas Woods vs.. William Farquher ct
plaintiff.
Ella Tsgg VS.. George Tagg: divorce.
Dismissed for failure to prosecute.
Kate McIlvsine We. Henry McIlvaine;
divorce. Dismissed by agreement
LuelIa BreitfeId VS.. Henry Breitfeld;
divorce. Decree granted plaintiff.
divorce. Dismissed for want of prosecu.
tion.
Peter Lieber ct al VS.. John Klein; notes
Judgment for plaintiff for So7sS9.
Room 2-J. W. Harper Judge
Minnie Pearl Wellerv vs. Joseph G. Weller
divorce. Trial by court Divorce granted
plaintiff
Catherine T. Reed va Henry A. Reed;
divorce: Trial By court. Divorce granted
Myroa MarIowe VS.. Citizens Street-rail-
way Company; suit for damages. Trial by
jury. Jury returned verdict for plaintiff
Room s-Pliny W. Bartholomew. Judge
A. B. Gates & Co. VS.. Jos. Cabalzer; 40.
count. Dismissed at defendants costs.
Henry Coburn vs. Charles Wagner; ao-
count. Judgment for S232.06.
A. b. Gates Il Co. VS.. Simeon Coy; 40.
connt. Judgment for Sl74.75.
Samuel Hull VS.. w. II. Snapp; account.
Judgment for S106.56.
August Richter VS.. Lille G. Geisard; to
quiet title. Decree Quieting title in plaintiff.
Anthony Mountjoy VS.. Cora Mountjoy;
divorce. Granted on abandonment.
Lewis w. Hasselmsn VS.. George Hsmil-
ton ct al; possession. Finding for defend.
ant.
Daniel Fisher ct al. VS.. Horace r. Allen
ct al; mechanics lien.
George w. Clemmons va. Geo. Freitsche.
Receiver appointed.
NeW Sutfs Filed.
William Burton VS.. Jacob Crone; suit on
judgment Demand 81, 500. Room 2.
August Barth VS.. Christian +. A. Enders;
mechanics lien. Room 5.
George w. Ciemmons VS.. George
Freitsche; petition for receiver. Room 8.
CIRCUIT COURT.
Edgar A. Brown Judge.
Francis A. MoClain ct al. VS.. Ithamer
Wicker OF al. Motion for new trial
granted.
Chas w. DePauw vs. the The Premier
Steel Company; petition OF receiver to
borrow 5000 TO pay hands and current
expenses.
III. .. Panther VS.. John Browns Estate.
Claim dismissed for want of prosecution.
Robert Remington VS.. Milton L. Cox et
al; street lien. Dismissed and costs paid.
James B. Sheets. Guardian ct al. We.
Alexander B. Given; partition. Decree.
George l.. Butcher VS.. Bindella Nav
Butcher: divorce. Decree granted plaintiff
and custody OF children.
Neic Suits Filed.
Joseph r. Sheets guardian of Melville
Aston Fox VS.. Alexander B. Given, cxecu.
tor Of the last will of Margaret Aston; par.
tition.
Albrecht Kipp ct al va. Abel SchussleI
ct al; note.