The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-05
THE COURT RECORD.
Supreme Court Opfnionr.

1924. Isaac Z. Bell ct al. VS.. Corbin ct
al. Marshall C. c.. Affirmed. Daley, j.
Where the owner of an equity of redemp-
ton in land executed a power of attor-
ney TO a party to convey and also a con-
tract of purchase to such attorney who
was to pay him $500 when it was realized
out Of the land and the attorney conveyed
such land before revocation of such power
to one with knowledge Of the fact that
the $500 had not been paid, such owner was
Invested of his interest in such land and
took a lien in lieu of such interest for such
sum, and upon a sale of the land on the
mortgage the purchaser of such equity was
entitled to the surplus.
$500. Benjamin Bruce, County Treasurer,
VS.. George Cook ct al. Fulton c. c. Re-
1881, saved the remedies provided by the
repealed act of April s, 1885, Elliott's Sup,
Section 1893, concerning assessment for
public bitches and that act is still in force
to sustain any proper action thereon.
1881. John Kiefer, Sheriff, ct al: vs.. Gal
vim Summers ct al. Shelby c. c. Reversed.
Howard, G. J.-Fees of witness and officers
are part of the costs of an action and due
from the party who procured the services.
The party making the costs, IL successful,
should be awarded judgment therefor,
which is the sole property OF the person in
wyh whose favor 1t i, is r 6n s e off z aasn owned owned
owned by the other in the same right as
the fees are owned.
1907. Henry Eberling VS.. State. Franklin
G. c. Reversed. Coffey, J.-Nhen a girl
eighteen years of age, of ordinary inteili-
gence agrees to secretly leave her resi-
dence after the family retired for the night,
to meet a married man for the oStensihle
purpose of taking a buggy ride in the dark,
knowing at the time that he is partially
intoxicated, and has sexual intercourse with
him, there is no kidnapping.
Appellate Court Opinions.
971. George w. Lynch VS.. c., ST. L. &
p. r. r. Co. Marion S. c.. Affirmed. Cav
in, Jan employee who knows, or by the
exercise of ordinary diligence could know,
OF any defects or imperfections in the
things about which he is employed and
IL ~ Aw-fnn a4r
and without promise of change is pre-
sumed to have assumed all the conse-
quences resultant from such defects. and
to have waived all right TO recover for
injuries caused thereby.
951. Charles l.. Clark VS.. Milton Huey ct
al. Marion c. c. Affirmed. Reinhard. j.
Excluding evidence in a suit to foreclose
a mechanics lien to the effect that the
ownership OF the property had paid the
lien was not error. 2. All that a lien hold
er is required to show is that the articles
for which a lien is claimed and furnished
TO the contractor was furnished to be used
and were used In the improvements.
500, George loop VS.. James Disn,an ct
approval of an administrator or guar
dams final report and settlement is a final
adjudication of all matters appertaining
thereto, and %precludes all collateral in
quiry into the correctness thereof by the
parties interested therein who have been
duly notified 50 long as such judgment of
approval remains in force
Superior Court.
Room 1-Jame3 NJ Winters. Judge.
Charles l.. Pray VS.. L. +. & w. Railway
Company; damages. Dismissed.
Frederick w. Noting ct al. VS.. Jos. Z
Mansur ct al; street sprinkling lien. Dis
missed and costs paid.
Albert Wilson VS.. Lizzie Nj. Cox ct al
mechanics lien. On trial by court.
Room 2-J. w. Harper. Judge.
Frederick l.. FELTON, ct al. VS.. Marcus l..
Brown; suit on draft. Trial by court. Find
ing and Judgment for plaintiffs for $267. p.
Andrew Steffin VS.. James c. Flanders;
suit on account. Tried by court, Finding
and Judgment for plaintiff for S263.5 90.
George W. Russell ct al. VS.. Isaac n.