The Indianapolis journal., 1893-11-08
THE COURT RECORD.
SUPREME COURT OPINIONS.

SUPREME COURT OPINIONS. Z
1924. James B.. McElwaine ct al. VS..
John Hosey ct al Hamilton c. C. AZ
| flrmed in part, reversed in part. Daley,
| J.-Teamsters hauling materials for drill
ing gas well are entitled To hold a me-
chanics lien under the act OF March g.
1879. 2 Where a debtor was insolvent and
existing equities had to be marshaled -
| tween creditors under Section 1922, r. s.
ISL :. Section 3; p. 81. acts 1885. concern
ing preference of laborers when property
I has gone into the hands OF a receiver has
no application to those who gave no notice
where prior to the appointment of re-
ceiyer the property has been assigned by
the debtors to part of the creditors in pay
cedent debts.
16S9S. Lucy Farneman ct al. vs. Mount
| Pleasant Cemetery Association. st. Jo-
seph G.. O.. Affirmed. Coffey, J-Land may
be CONDEMNED for the purpose OF a public
cemetery where the public in general have
a right TO obtain interment, and lands ta-
cemetery is devoting it to public use.
170lO Brazil Electric Street-railway Com
nany VS.. City of Brazil ct al. Clay c. c.
APPELLATE COURT OPINIONS.
SCI. Margaret Rehman VS.. n. A. Belt
and Terminal Railroad Company ct al.
Floyd c. C. Affirmed in part. Reversed
based upon the pendency of another action
in order To be sufficient such must show
not only that such other action is for the
between the parties. 2 Secs. SS1-912 r:
y, providing who may apply for writ OF
assessment of damages contemplates the
assessment of all damages not only for the
land taken, but for all injury to the
mainder of the land, which resulted, or
might reasonably result, from the appro-
priation of the part of the land and the
proper construction, maintenance and
operation of the railroad thereon.
HOFFMAN ct al Marion S. c. Reversed
Reinhard, J.-When notice in mechanics
lien where aided by the complaint is suf-
hcient when one familiar with the locality
could not be miSled.
rSos1r sos E. & ,,5 7; H. Railroad DC Company vs..
irmed. Lott, IA common carrier of
goods for hire is an insurer against loss or
injury from whatever cause arising, except
When goods are designed for immediate
transportation the placing of the goods in
a condition to be carried at the usual place
of loading and in pursuance of the
usuage of the parties constitutes a de-
liver. 2. Action TO recover for dam
ages for fire escaping from railroad en-
gine. Testimony that all of the engines of
threw sparks, that other fires had occurred
near the right OF way about the time of
plaintiffs loss, was competent
$50. Joel Derry ct al: VS.. Frank w. Nor
mon, Administrators. Hancock C. c. Re-
hearing denied.
Superior Court.
Room 1-James NJ. Winters. Judge.
Samuel Sweeney VS.. Bessie Sweeney; d-
vorce. Decree granted plaintiff.
VIM. F. Denny VS.. VIM. G. Gordon ct al;
PickanGs ct al. VS.. Premier Steel Com
pany; account. Judgment for plaintiff for
$5,53O.11.
Albert r. Baker ct al. VS.. Supreme Sitting
1. o. of 1. H.; receiver. On trial by court.
Room 2-J. w. Harper. Judge.
Frank z. McCown VS.. Geo. Z. Geisen-
dorf ct al. suit on account. Judgment for
plaintiff VS.. defendant for Sl55.SS.
John EnSeY E.nScY. divorce.
dismissed at plaintiffs cost.
Henry Herman VS.. the indianapolis Cab
met Company; suit on contract Cause re-
manded from Supreme Court and rein
stated. In accordance with Judgment of
general term m a5 afrmed by supreme Court
for Sl.S36.01, to be a lien, and to draw in
terest from Dec. Z, 1891.
The Stewart Iron Company VS.. Premier
Steel Company; suit on account. Judgment
for plaintiff VS.. defendant for 81. $3.50.
Louise ]. Cooper VS.. John Cooper; d-
Vorce. Decree granted plaintiff.
Western National Bank of New York VS..
Indiana Insurance Company; suit on insur-
ance policy. Cause dismissed and costs paid.
Room 3-Pliny w. Bartholomew, Judge
National Furnace Company VS.. Premier
Steel Company; account. Judgment for
India L. Miller VS. John A. Rebel; &C
count. Judgment for $h,S5.
Ida Kleb VS. Frederick Kleb; divorce.
Granted, with $50 alimony and custody of
child
Edgar a. Brown, Judge.
Margaret Shea ct al. Harry Barneclo
ct al Partition. Report Of sale approved.
Illinois Steel Company VS.. Premier Steel
Company. Account. Judgment against de-
fendant for $1i,26L21.
Ephraim Marsh ct al. VS.. William o.
Leonard ct al ON note. Judgment against
defendants for $3.50.
Alice Caldwell Us. Ella Bass. Sander.
Trial by court. Finding for plaintiff. Judg-
ment VS.. defendant for $lOO.
Bernard Koehring ct al. VS.. Anna ".
Sharpe ct al Mechanics lien. On trial by
court.
c.. c., C. & St l.. Railway Company VS..
Sterling +. Holt. treasurer. ct al. Injunc-
ton. Temporary restraining order issued.
NEW SUITS FILED.
Stoughton J. Fletcher ct al VS.. Joseph
Ernst ct al. On note for $3.50. Circuit
Court.
State VS.. W. II. Weaver ct al. Demand
$1lC. Circuit Court
Charles y. Dryer, guardian. VS.. James
Shea ct al. To foreclose $50 mortgage.
Superior Court.
Jennie Woods VS.. The Citizens Street
Railway Company. Complaint for $500
damages. Superior Court.
Mary Gompf VS.. Charles Gompf. Suit for
divorce Superior Court.
Amanda Mayne VS.. John II. Mayne. Suit