The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-09-28

person. for the use of the intended donee.
as be is then capable of making. considering
the character snd situation of the property.
the person to whom delivery is thus made
VIII be presumed. IN the absence OF coun-
tervsiiing circumstances to take the prop
erty as trustee of the intended donee. and
not merely as agent of the donor.
When IL appears. in addition to
these circumstances. that the person
TO whom such delivery is made Is one OF
the deposit coupled with an interest thcro
car be no reasonable doubt that this pos
session is that of a trustee for the donee.
17l0S. State OK rel. Edgar A. Howard vs..
Perry 4. Bear. Jefferson c. Z. Affirmed:
DALEY. Affirmed on the authority OF
l7l07.
1901. Jennie Carr VS.. State. Marion
C.. {. Rehearing denied.
lt5I1. sonora V. Vadinp VS.. John Elliott.
Trustee. Shelby c. e. Motion to amend
assignments overruied.
APPELLATE COURT OPINIONS.
79l. Kentucky and Indiana Bridge Com
pany VS.. Wm. >. Eastman. Floyd e. Z.
Reversed. Gavin. &. IA complaint by an
employee for damages resulting from de-
fective machinery 10 bad for failing to aver
his want of knowledge of the defect COM
planned of.
$50. Springfield Engine and Thresher
Company We. John III. Kennedy ct al.
Howard G. &. Affirmed. Lott. J.-Where
it was provided in a contract that IL ma.
chlnery failed to fill the warranty written
notice should be given to plaintiff at u Ger.
stain place. held. where q general agent OF
the plaintiff was notified. and accepted.
and acted on such notice there was o waiver
of the written notice.
81; Evansville q c. Company vs; LIZ.
zie Lavender. Admir-. Warrick c. &. Re-
hearing denied. Davis, j.
SUPERIOR COURT.
Room flames Nj. Winters. Judge.
Emma Carson vs. Calvin Carson; divorce.
Decree granted plaintiff.
Room 2-J. W. Harper. Judge.
George w. Williamson VS.. Matte Kim
mick ct al; damages. Cause dismissed at
plaintiffs costs.
Silas Bale win ct al. va. Phoebe Metcslf ct
al; or account. Dismissed by plaintlH at
plaintiffs cost.
Peter O'Brien VS.. Rebecca O'Brien; di-
vorce. Dismissed by plaintiff at plaintiffs
cost.
Room 3-Pliny w. bartholomew. Judge.
Bank of Commerce of Evansville VS.. Os.
car T. Gillette; note. Judgment for $500. so.
Elizabeth Ehnes VS.. Jacob Ehnes; d.
vOrce. Granted on abandonment.
TIliie Van Clesve vs.. Thomas Van Clesve;
divorce. Granted Oh cruelty.
William Brown VS.. Parmelia Brown; d.
vorce. Granted on cruelty.
Wiley Shelton vs. Nora Shelton; divorce.
Granted on adultery.
New Saits Filed.
Christian Spiegel va. Nathan Bernstein
ct al: on account. Room 8.
Jennie Ellis Thorpe ct al. vs. William
Haueisen: to cancel mortgage. Room Q.
Frederick A. S~taatlander VS.. The Cleve-
land. Columbus. Cincinnati & st. Louis
Railway Com pany; damages. Demand
S25, 600. Room s.
Indianapolis PlaninR Mill Company VS..
Henry WeghOrst; mechanics lien. Room l..
George c. Fisher VS.. Edward j. Cause
pohl ct al: mechanic's lien. Room z.
Jacob ). Hiidebrand VS.. James S. Fu-
gate; dissolution of partnership and for re-
ceiver. Room 1.
RebeOoa O'Brien vs.. Peter O'Brisn; di.
vOrce. Room 2.
Elso Keller VS.. Hervey Apple ct AL; to
foreclose mortgage. Room 3.
John Z. Ertel VS.. Albert south; to fore
close mortgage. Room z.
Timothy T.. Sheehan VS.. b. McCarty ct al;
street improvement lien. Room 3.
George i. Stohl We. Edward Miller ct al;
note. Room l..
CRIMINAL COURT
Willard +. Cox, Judge.
State va. John Dagllsh; grand larceny.
Pleaded guilty and Judgment suspended.
State VS.. Ed Moran; sodomy. Trial by
State VS.; Al Snyder: selling liquor on
Sunday. Two indictments: pleaded guilty
and fined $40 and costs in each case.
State VS.. Gus StOrZ; selling liquor on Sun.
day, Two indictments. Pleaded guilty
and fined $40 and costs In each case. ..s ....
CIRCUIT COURT.
P" Netg Salts Filed.
The Supreme Lodge Knights and Ladies
of Honor w. the Bank of Commerce.
Edward j. Mcbride and Lorenzo b. Lock-
erd; on account.
Emma l.. Kimble VS.. Stewart nj. PGnder
ct al; to quiet title.
Emma l.. Kimble va. Louis Alt ct al;
to quiet title and for partition.
George Shirts VS.. William II. English;
to quiet title.