The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-10-19
THE COURT RECORD.
Supreme Court.

1890. Salem & c. Co. VS.. Griffin. Jackson
C. c. Affirmed. Hackney, c. J.-Evidence
that before the plaintiff was injured an
other person was injured in the same man
ner is admissible to show notice to the
master Of the dangerous condition of the
premises. 2. Those dangers which are un-
known to the servant and not dlscoverabIe
by him with ordinary care, but which are
by ordinary care of the master should be
OF such the master is in duty bound to
notify his servant and this at the peril of
answering in damages.
1913. Gregory vs.: Smith ct al. Boone c.
c. Dismissed. McCabe, Joint judgment
defendants appealing should make all the
joint judgment defendants co-appellants in
OF the appeal on them, file it and the proof
Of such service with the clerk. otherwise
the appeal will be dismissed.
1913. Case ct al. VS.. owen ct al. Hamil-
ton c. c.. Affirmed. Coffey. IA deed to
L. r; and J; r; Jointly vests in them an
1882. Crow vs.. Judge ct al. Warren c.
c Reversed. Daley, 1.-THE Board of
wade private Enclosures to open and estab-
the statute authorizing it. and it is beyond
road under a statute providing for the i'm
provement of an old one.
1889. WEIGH VS.. Fisk. Administrator.
a married woman did not sign the state
ment as to the title nor the note and re-
ceived no money, but only signed the
t1A "oe 0POh AN II ~
estate and In favor of the school fund she
will be relieved from the mortgage on the
1850. r. & T. H. Railroad Company VS..
West, Treasurer. ct al. Gibson c. c. Re-
hearing denied.
Appellate Court.
1850. Talbot VS.. Barber: Montgomery c.
press trust In land cannot be established
by parol, g parol agreement to hold the
proceeds OF a sale q the land IN trust
cient consideration. 2. Where such trust is
a continuing or executory one the statute
after the sale until there was a disavowal
Of the trust or the refusal to perform upon
12is. Allen vs.. Town of Salem. Washing
ton c. G. Affirmed. Davis, 1.-THE act of
1859 relating exclusively to the grading,
paving or planking OF sidewalks in towns
the act OF 1889 OR. s. 1894. Sec. 1883 pro-
viding for the Improvement of either the
sidewalk alone or the whole width of the
street in cities and towns only by contract
given TO the best bidder since effect can
be given to both acts.
1892. Braus VS.. Barnett ct al. Clinton c.
C. Reversed in part, affirmed in part.
Ross, J.-If one of the persons who exc
euted the note sued on est TAB rs ,1fsd, a r,e det
to recover such defense Injured TO the bene-
fit of the other defendants whether they
individually made such defense or h. not tSs
principal a party signing 1T as surety at
a time subsequent TO the mourning Of the
original obligation without any new or
distinct consideration is not liable.
arr Superior Court.
Room 2-J. w. Harper. Judge.
william w. Winslow VS.. Wilbur T.
Wright ct al; foreclosure of mortgage.
Cause dismissed and costs paid.
lula Todd VS.. Citizens Street-railroad
Company: damages. On trial by jury.
Room 3-Pliny W.. Bartholomew, Judge.
Mary c.. Hunt VS.. Hunt Soap and Chem
ical COmpany: account. On trial by jury.
Rufus Kilgore VS.. Louis Fuglt; mechan-
les lien. Dismissed at plaintiffs costs.
Circuit Court.
Edgar A. Brown, Judge.
Louis Neubacker vs.. Indianapolis Union
| Railway Company; damages. Judgment on
verdict of jury in favor of plaintiff for
S3.eS7.5O Appeal prayed and granted to APP
| peIlate Court. Bond fixed at $1,000.
New Suits Filed. ''
Oscar Mueller VS.. John W.. Fraun; re-
plevin. Superior Court, Room 2.
Charles F. Doran vs.. Lula T.. Doran; ol-
Vorce. Superior Court, Room d
Isaac l.. Hedges ct al. VS.. John w. f1ke'
note. Superior Court, Room l.
John NJ. Kaehn ct al. We. Board or COM
nissioners and the Wrought Iron Bridge
Company; injunction. Circuit Court.
:John III. Kaehn ct al. vs. Board or Conn
missioners and the Toledo Bridge Com
pany. Injunction. Circuit Court.