The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-15
THE COURT RECORD.
Supreme Court Opinions,

Supreme Court Opinions.
1854. Maria Schultz VS. Charles Schultz
Where a conveyance TO a wife is set aside
as fraudulent against creditors. the wife,
50 long rs that Judgment Is in force, cannot
an Impeachment of the first Judgment for
DAMAGES for the obtaining OF such frs, first
ment stands IL imports absolute verify.
Appellate Court Opinions.
784. Hiram Jean VS.. Pennsylvania Com
pany. Greene G. G. Affirmed. Gavin, j.
Every man has the right. not interfering
course, to protect his own land by leveeS
or embankment thereon from surface water
adjoining lands, and this right is also pos
sessed by railroad company for the pro-
lection of its right of way. 2. The overflow
caused by a rivers spreading beyond its
banks in time Of high water must be re-
garded and may be treated as surface water
100. Frank Wood vs.. State. Henry c. G.
Affirmed. Lott, J.-Prosecution for sell
ing intoxicants without license.
Where there is evidence tending 70
show a continuous business, ii is proper to
show the general course of the business;
937. Anna j. Kerlin vs. National Accident
Association. Marion 5. G. Rehearing denied.
Davis, c. J.-When an applicant for fnsur-
ance offers and tenders to an agent of the
company, who has authority to solicit the
insurance and collect the premiums at the
time the application is made, in good faith,
the full amount of the premium in accord
ance with the terms of the agreement, and
rendered and refuses to take the residue
on the ground that he has in his hands
amount of money previously borrowed
of the applicant, and agrees TO regard the
entire amount of the premium as paid by
the applicant, and to pay the money so had
and received by him to the company and
the certificate is afterwards issued and de-
lvered to the applicant, the applicant is
not bound to see that the agent pays the
money to the company, but he has a right
to presume that ii had been so paid until
he has notice 10 the contrary.
927 Henry II. Kelly VS. Alice Kelly. Har-
rison G. G. Rehearing denied. Reinhard, j.
Superior Court.
Room flames NJ Winters. Judge.
Margaret Hoffman, Administrative, VS..
Silas II. Bowen; damages Judgment or
demurrer for defendant VS.. plaintiff for
costs.
note Judgment for plaintiff for sl54.50.
Capital National Bank VS.. Gustave c.
Schmidt ct al; note. Judgment for plain
tiff for s6i.O9.
Room 2-J. w. Harper. Judge.
Hattie Faulkner, Administrators, VS.. Silas
T Bowen; damages. Cause dismissed on
demurrer VS. pantiT II Tor SandAr KNIGHT
divorce. Cause dismissed by court at de-
PENDANTS costs.
Emma McMahan VS. Jacob II. Sucker ct
al; suit on note. Cause dismissed and
costs paid.
Room 3-Pliny w. Bartholomew. Judge.
Mary Z. Cleaveland VS.. Ohio Fence Com
pany; injunction. Dismissed and costs paid.
William G.. Martin VS.. Jennie Mann ct
al; mechanics lien. Under advisement
Max Gundefinger VS.. Daniel Bragnier;
to open Judgment. Conclusions of law on
ant
Circuit Court.
Edgar A. Brown. Judge.
Powers & Murphy VS. Catherine Shee-
hans Estate: claim. Allowed for S14i.
Mary A. Cherry. Administrative, VS.. Silas
Il. Bowen damages. Demurrer to complaint
sustained; judgment on demurrer against
plaintiff.
Emma Lowry Administrative, VS.. Silas
II. Bowen; damages. Demurrer to complaint
sustained; judgment on demurrer against
Richard w. Weaver ct al. VS. Henry
Weaver ct al; partition; Interlocutory de-
cree of partition entered.
J. William Luhn < Co. vs.. George Hollis
Estate; claim Allowed by administrator
F. B. Hauck Cloth Company VS.. George
traitor for S32S56
John J. Cooper VS.. William Johnson's Es-
tate; claim. Allowed by administrator for
Caroline Kremeller VS. Odd Fellows Mu-
tual Aid Association; OIL policy. Judgment
sas7 sp6e'A' ''i II ''l'o' 0' p'A'n''r i0r
Board of Children's Guardians VS. Della
MARSHALL: custody of child. Given to the
John H. Zollinger VS.. indianapolis Stove
Company; account. Trial by court and
judgment against de1endant Tor So300.
Criminal Court.
Willard F. Cox, Judge.
State VS. James Smiley, John Shea and
Harry Sage; incorrigihle. Sent to the Re-
form School for Boys.
New Suits Filed.
julius Keller ct al. VS. John Martin ct
al; street assessment. Superior Court,
Room 2
The Peoria Steel and Iron Company VS..
Olaf r. Olsen; on account. Circuit Court.
Ellen Russell Benjamin + Russell; di-
vorce. Superior Court. Room 3.
Anna j. Yoh William Yoh; divorce.
Superior Court Room l.
Jane f. Pasquier VS. Thomas 3. O'Con-
nell; foreclosure of mortgage. Circuit
Court.
Frank ]. ATartz ct al VS.. Maths lutte ct
al. damages. Demand, $780, Superior
Court, Room 3.
Henry SEVERN ct al. VS.. Frank Johnson
ct al; on account. Superior Court, Room 2