The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-09
THE COURT RECORD.
Supreme Court Opinions.


Supreme Court Opinions.
1864. Kaufman VS.. Stein. vigo c.. c.
Reversed Daley, IA wooden building
Is not in itself a nuisance, but when erected
In a place prohibited and where it .endan-
gers the adjoining property 1T may become
a nuisance and may be enjoined. 2. A city
has the power to enact an ordinance pro-
within certain fire limits. A removal of a
house twenty feet from it's original location
on the same lot held 10 be within the pro-
hibition of such an ordinance.
1860. Tewksbury VS.. Howard ct al. Wells
G. G. Affirmed. Hackney, J.-Where the de-
plete and it's a completion does not reguire
the contradiction or alteration of that given,
nor that a new description should be intro
complete the description and identify the
property. z A title by adverse possession
is good and marketable,
al. Marion c.. c. Affirmed. .McCabe. J.
Appeiiees. petition sets forth that they
ADMINISTRATOR under order Of court to raise
money to pay legacies. They paid $1,000
in cash and gave notes for $1,000. which APP
the same would be distributed to them as
their share of the estate, being legatees;
sl5S fd the bi admlPi snd ssTo 9 faa b 6sen att allowed
that the appellant and his attorneys de-
manded as a condition of said distribution
that the attorneys should receive 800 more
and the administrator $50 more, which APP
pellees refused to pay; that ~thereupon APP
pellant brought suit in the Superior Court
to foreclose the mortgage to annoy and
harass appellees and compel them to ac-
cede to the demands of appellant and his
attorneys. Prayer that the Circuit Court
order the administrator to dismiss said suit
at his own expense and direct the admin
istrator to make final report and distribu-
tion: Held, on demurrer, the petition was
good.
1880. Island Coal Company VS.. Sheittle-
meier ct al. Owen c. c. Affirmed. How
ard, @. jim an action for specific perform
ance of a. contract TO convey land and a
cross-complaint alleges that cross-complain-
ants were the owners of the land and that
the plaintiffs claim was groundleSS and
cast a cloud, etc, a new trial as of right is
~demandable. The court below. was fully
the finding of facts that the contract was
never completed.
1852. Poison VS.. State. Allen c. G. Re-
hearing denied.
Appellate Court Opinions.
9s4. Lease VS.. Pennsylvania Company.
Owen c.. c. Affirmed. Reinhard, 1.-THE
taking of a membership in and acceptance
@ 9I oen of the OF P tne Silsmdafy company Sepaen n By an
employee who was injured operates as a
release of any further claim against the
1201. Decker vs.. Graves. Jasper c. c.
Ross, J.-when a party asking relief from
a taken through suspense, eSo,
lin. Bayless VS.. Jones. Clinton C. c..
b hn1e5ne upon defects in the complaint reaches
such only as are not caused by the verdict
or finding.
Superior Court.
Room 1-James M. Winters. Judge.
Boyd NJ. Ralston ct al. VS.. Anthony
Nacke ct al. Walpole, j. p. On trial by
jury.
Thomas Rouse ct al; VS., John N: Rupp
ing and Judgment for plaintiff for 1920
Thomas Cole VS.. James w. Miller; suit
on account. On trial by jury.
Room 3-Pliny w. Bartholomew. Judge.
Lorenz Schmidt, trustee. vs.. Hubbard
Henry Coburn VS.. William G.. WATSON;
mechanics lien. Dismissed and costs paid.
Lorenz Schmidt trustee; VS. ySa Sarah Sarah n No
Fred Fuehring ct al. VS.. Jerome Allen;
sprinkling lien. Dismissed and costs paid.
Grover c. Human VS.. NJ. H; Spades ct
al; suit on note. Judgment for plaintiff
in the sum of 5000 without relief.
Circuit Court.
Edgar A. Brown, Judge.
In the matter of the petition Of the
Hoosier Building, Loan and Investment
Association. Name changed to the Dwell
Ada NJ. Carey VS.. William Fl. Flagg ct
al: foreclosure. Trial by court. Judgment
against William H.. Flagg for 1928 and
Gertie Brown VS.. John Grace: damages
from dog bite. Motion of defendant for
new trial overruled. Motion of defendant
in arrest of judgment sustained.
Samuel Hincie VS.. Ellis Adams; SANDER.
Dismissed by plaintiff.
The Board of Trade of own Of Green
field, Ind. VS.. Welcome r. Holland; on
contract. On trial by court.
The Board Of Trade of Town of Green
field. Ind. VS.. William Reeser; contract.
On trial by court.
Valentine Koerner VS.. Caleb S. Denny.
Mayor: injunction. Defendant files dis
claimer and cause dismissed by plaintiff.
New Suits Filed.
Katie De Sanno VS.. William De Sanno;
divorce. Superior Court, Room !.
c.. III. Breidenbach, ct al. VS.. Robert 7.
Eads: suit on account. Superior Court,
Room 2.
Margaret c.. Halderman eft al. VS.. Albert
w. Denny eft al; complaint for partition.
Circuit Court.
Eliza j. Knight ct al. VS.. The National
Capsule Company: complaint on account.
Superior Court, Room 8.
Alice Schoup VS.. Emil Schoup: suit for
divorce. Superior Court. Room :.
J. w. Nesmith VS.. ]. w. Wilson; suit
on note. Superior Court, Room 2.
Oscar J.. Neisler VS.. John G. Parr ct al.
suit on account. Superior Court. Room 2.
Charles i. Dinwell VS.. Isaac u. Richie:
complaint for money had and received.
Superior Court. Room 1.
LorenZ Schmidt Va. Pauline Wagner et
al; suit on note. Superior Court, Room 2.