The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-09-27

mixed with any fault or negligence in him.
sell. 3. Ii is only resident householders
that are entitled TO exemption by statute.
4. The sheriff of a county IL deputy sheriff
OF this court by statute. Signing of an adj
yertisement Of sale of land as county
sbeTiff Is but o slight irregularity where no
injury Is shown.
1926. Catherine Myers VS.. Berilla Jack
son ct al. Washington e. G. Reversed.
Howard. jim conformity with the pro-
visions OF Section 296y. X. s.. resulting
trusts mas be proved by parol. 2. Acorn
paint TO recover possession Of lands need
not be IN the exact words of the statute.
1t Is sufficient If 1t show plaintiffs right to
possession and defendants unlawful de-
%tentlon.
1928. Portland Natural. Gas and Oil
Company VS.. State. ex rel. VIM. w. Kern.
Jay 4. 4. Affirmed. Cotfey. IA natural
gas company occupying the streets OF q
town or city with It's mains owes It as q
duty to furnish those who own or occupy
the houses AUDITING on such street where
such owners or Occuplers make the neces-
sGry arrangement to receive 1t and com
ply with the reasonable regulations OF
such company. such gas as they may require.
and when 1t refuses or n%eglects TO perform
such duty it may be compelled to do 80 by
writ of mandamus.
1850. Alfred homDson VS.. Marian Nc
Corkle. Jasper &. T.. Reversed. DALEY.
J.-When q plaintiff undertakes to set
forth the facts which constitute his title
he Will fail unless the facts are sufficient to
ClOtDe MIN Win the Jitlo asserted. anu IL Is
the facts sufficiently pleaded which will
control. and not the general averments.
2. A notice by publication of the tendency
OF a snIt described, defendants vs.. John
McCorkle. - McCorkle his wife" when IN
fact John was dead. is not good service as
TO the widow. and Judgment rendered In
the action was void.
1918. c.. G.. c.. ~ st. L. R. r. Co. VS.. Win
field X. Kelly. Marion c., Z. Motion for
new appeal bond overruled.
l709S. John Parker et. al. We. State
Marion G. G.. Ordered that exhibits be
detached from record.
APPELLATE COURT OPINIONS.
$50. Elias j. Baldwin va. William G.
Threlkeld. Clinton G. &. Affirmed. Rein
hard, J.-If the facts found by the court
do not determine an issue raised by an an
swer In favor of the plaintiff he fails III his
plea on appeal. 2. The indorser OF a note
warrants it's commences and the ability of
the maker TO pay. Ii the maker lie a non
resident at the time OF the maturity OF the
note suit need rot be brought against the
maker before suing the indorser. 3.
The court has q right To deduce from the
act OF destruction after the commence
meIt of On action the inference OF u fraud
ulent design to do away with the letters
destroy ed, and the exclusion of testimony
as to their contents was proper.
935. Heber ). Smith VS.. Adrlel Walker.
VIgo c. &. Affirmed. Davis. J.-Where O
note. through lnadvertence and mutual
mistake, was made pay able to a wrong per-
son as payee but was delivered 90 the
proper payee. it was not necessary to make
the wrong payee O party TO the action to
reform. 2. When q note was read in evil
dence which is not copied into the bill of
exceptions. and in the absence of any state
menc or showing that a COPY OF such note
appears else here in the transcript, all of
the evidence is not In the record.
76I. George Is. Sweetzer, et al. VS.. Flor
eDce B.. Snodgrass. Grant &. G.. Reversed.
Gavin, J.-Appellants sued appellee SnOd-
- - -.
stance and request. The court, after re-
viewing the facts as found. does not feel
justified in ordering judgment. but directs
a new trial.
Zimmerman. Vigo s. c. Dismissed.
SUPERIOR CoUar.
Room flames Nj. Winters. Judge.
James A. Shaw We. Alfred I. Mccormick.
Johnston. j. p. Finding for defendant.
Laura f.. Bagley VS.. VIM. 1. BagIey; d.
vorce. Decree granted plaintiff:
Chas. w. stephenson vs.. Ora l.. stephen
son; divorce. Dismissed.
Anna X. Kent VS.. John Kent: divorce.
Dismissed.
George w. Busev VS.. Walter b.. Harris ct
al; note. Judgment for plaintiff for
state Bank of Indiana VS.. Lawrence
Swarthing ct al; note. Judgment for
plaintiff for S73.35.
Room 2-J. W. Harper, Judge.
Chas. d.. Fleming VS.. Minnie NJ. Flem-
ming; divorce. Dismissed by court for
failure to prosecute.
Emma Williamson VS.. Alexander Will
liamson: divorce. Dismissed by court for
failure TO prosecute.
Oliver NJ. Murphy VS.. Erasmus Morrison;
for damages. Motion for new trial over
ruled and Judgment on verdict of jury in
favor of plaintiff for SIS.
Room 3-Pliny w. Bartholomew, Judge.
John L. Wilson vs.. DR.. Mott Rupture
euro Company; account. Judgment for
e209.t6.
chances lien. Judgment for Preston Lit.
ton for S44.20 Decree OF foreclosure and
sale ordered.
Edward Harris We. Geo. Walker. Finding
and Judgment in favor of Walker.
Geo. Walker VS.. Edward Hnrris. Finding
and judgment In favor OF Nalker.
ProvIdent Saving. Loan and Investment
Company VS.. Lydia L. Darmer. Partition.
Finding for plaintiff.
Daniel Foley vs.. William 0. Elliot;
street lien. Dismissed at plaintiffs costs.
Daniel Foley VS.. J. Morgan; street lien.
Dismissed at plaintiffs costs.
Mamie Shirm vs.. Charles Shlrm; divorce.
Divorce granted on cruelty.
Charles Fortney We. Moses X. Fatout;
mechanics lien. Dismissed and costs paid.
Netc Sitis Flied.
indianapolis Gas Company VS.. Patrick j.
Mullaney: snit on promissory note. De-
lADb. Ot@Ds ANVOAh
Henry Loewer and William Frey VS.. j.
Charles Vigisrd and Louis A. LangslOw:
con plant III attachment and Garnishment.
Demand. $500. Room 3.
Mary A.Stewart, Administrators VS.. Jacob
s. HilGebrand: complaint on note. De-
mand. $500. Room =.
The Buckeye Engine Company VS.. VIM.
FoOr; complaint on account. Demand,
1913 IS. Room ].
Lewis Meier eft al. VS.. Jacob Markum ct
al; complaint on note. Demand, $3.50.
Room. 3.
Anheuser-Busch Brewing Association VS..
Jno. Reynolds ct al; complaint on note.
Demand. $500. Room /.
Theodore &. WhitcOmb vs.. Sarah G..
human ct al; suit on note and foreclosure.
Demand. S75. Room 2.
Theodore G.. WhitcOmb VS.. Rebecca
Gresh ct al; complaint on note and fore
cioeure. Demand. $40. Room 3.
Lewis WeInberger ct al. VS.. Michael
Winch ct al.; suit on accOunt. Demand,
S134.50. Room g..
Teyesa Bower. Administrators. VS.. p, c.,
c. * st. l.. Railroad Company; damages.
Demand. $1,000 Room 2.
Moses h. Fatout ct al. VS.. Frank j. ATens
et al; complaint TO fOreclOse lien. Demand,
$40. Room 2.
Augusta DOletzky VS.. John DOletzky;
complaint for divorce. Room l.
CIRCUIT COURT.
Edgar A. Brown. Judge.
Elmer NJ. Brouse VS.. Thoms w. McGun;
replevin. Trial by court. Judgment against
defendant for $1,000 and recovery of prop