The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-14
THE COURT RECORD.
SUPREME COURT OPINIONS.

1927. Thomas Davidson VS.. State. Whit
ley c.. G. Affirmed. Coffey, jim prosecu-
ton for murder 1T is always competent to
prove the motive which prompted or might
be supposed to prompt murder. 1t is also
competent to prove any declaration made
by the accused tending to show the rela-
tons between him and the deceased and
the state of feeling between them to fully
show the condition of things at the house
of deceased Immediately after the body
was found. 1t was also proper to prove
that the deceased was old and feeble, and
that accused was young stout and vigor-
Gus in support of the theory that deceased
the cause was tried at special term does
not render the verdict void no irregularity
being shown.
1876. John Munich vs. Rudolph O.
Shaffer ct al. Huntington G.. c. Reversed
Howard, 1.-THE finding is not sustained by
the evidence and new trial is granted.
1lo1S. John Parker ct al; VS. State Exc
cution order stayed until Jan. 8, 1894.
APPELLATE COURT OPINIONS.
s7S6. William Chaplin VS.. John T. Free
land. Lawrence G. G. Reversed. Gavin, G.
J.-Where there are no facts showing an
emergency save the necessity for the imme-
date services of a surgeon and 1t does not
appear but that the injured employe pos
sessed abundant means to provide for him
self it cannot be held as matter of law
that the employment of physician or sur
geon for such employee comes ordinarily
within the scope of the duties of a general
manager of an ordinary manufacturing
such employment.
,s4l. samuel z. Oyler ct al vs. James s.
McMurray: Clinton G, c. Reversed. Da-
Wis, J.--Where a promissory note with an
irdorser provided for waiver of "all de-
lenses on the ground of any extension of
the time of its payment that may be given
by the holder o. holders TO them or either
of them" Held: /. The stipulation is bind
ing on the parties thereto and Is enforce
able, but necessarily destroys the ne
gotabiiity of the note as an inland bill of
exchange. 2 a second extension of the
note, however, discharged the indorser
$40. Wm: A. Fisher ct al. vs.. Abijah Jen-
kins. Marion G. G. Affirmed. Ross j.
The verdict will not be disturbed on the
evidence
Superior Court.
Room flames NJ. Winters. Judge
Sallie D. Schmidt VS.. Western Paving
and. Supply Company; damages. On trial
Levi Sutherland VS.. John N. Hawkins ct
al; to quiet title. Decree for plaintiff.
note. Cause dismissed and costs paid.
Room 2-J. w. Harper. Judge.
Rebecca O'Brien VS.. Peter OBrien: di-
vorce. Decree granted plaintiff.
Room 3--Pliny W. Bartholomew, Judge.
Charles A. Bookwalter VS.. Resin r. Ham,
mond; commission. Jury finds for plain
tiff in the sum of S574.60.
Mccormick Harvesting Machine Company
for s4062O
6dDh Oh commerce VS.. journal JOB
Printing Company; note. Dismissed and
costs paid
Bank of Commerce VS.. Journal Job
Printing Company; note. Dismissed and
costs paid.
Criminal Court.
Willard F. Cox. Judge
State VS.. l. +. Coyle; petit larceny. Trial
by court. Not guilty.
State VS.. Noah Robbins; petit larceny.
Evidence partially heard and case con-
tinued.
Circuit Court.
Edgar a. Brown. Judge.
City Of Indianapolis VS.. John Moreland
violating city ordinance. Appeal from City
Court Finding for defendant.
City of Indianapolis VS.. Albert Blake:
violating city ordinance. Appeal from City
Court. Finding for plaintiff and judgment
VS.. defendant for 81 and costs
Henry w. Webb vs. Bessie c. Webb; di-
vorce. Decree granted plaintiff.
NEW SUITS FILED.
Edmond White vs. The Peoples Mutual
Benefit Society; on policy. Demand, $500.
Circuit Court.
State ex rel. Allen Gardner VS. Myrtle
Gardner; petition for commitment TO the
Female Reformatory. Circuit Court
The State ex rel. John NJ Birk VS.. Sam
uel n. Gold, Trustee, ct al; mandamus.
Circuit Court.
Angela F. McCann VS.. Allison c. Remy;
damages. Demand. $4,000. Superior Court
Room 2.
indianapolis Stee-roofing and Corrugat-
mechanics lien Circuit Court.
The Meridian National Bank VS.. George
w Burnham, Joseph w. Littler and Single
ton Cave; note. Superior Court, Room l.