The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-29
THE COURT RECORD.
Supreme Court OpinfOns.

1886. Lemster VS.. Warner. Porter G.. c.
are1; corey, JMU Mess there mas 4een
the six-year statute bars an action to set
aside fraudulent conveyance.
c. Affirmed. McCabe, J.-Where several
parties unite In an assignment of errors
they will encounter defeat unless the as
signment is good as to all.
1865. Purner VS.. Koontz ct al. Montgom-
cry c. c. Affirmed. Howard. c. IA
verdict is good ii the court can understand
ii, even though it may be informal.
1868. f; & r.; Railroad Company VS..
The matter in controversy here was sub
liant VS. Henderson, decided April 4, 1888
2. Where the damage is equally open to
the observation of both master and servant
they are upon an equality. and the mas
reF not pres rle IST the he
unmixed to entitle plaintiff TO relief in an
action for personal injuries. 4. a plaintiff
is bound by the theory OF his complaint.
Appellate Court Opinions.
1915. Fordice VS.. Beeman. Daviess c. C.
Affirmed. Davis, C.J.-Where instructions are
not made part of the record and no showing
that they, were ever filed they cannot be
considered
S6S. Indiana Farmers, ETC.. Company VS..
Bogeman. Shelby c.. G.. Affirmed. Ross,
application for insurance on a horse as to
the amount paid for the horse is a repre-
liability of the company is only in proper
ton to the value of the horse, which may
be aScertained at any time
Gibson c. C. Reversed. Reinhard J.-One
having a claim against county must pre-
sent the same to the Board of Commission
ance he can file an independent suit against
the county. Or. S., 1894, Sec. 1861 2. A de-
only the pleading to which 1t is addressed,
but every other pleading antecedent to it
and affected by, the %s pleading dc, demurred to
upon the theory that plaintiff is entitled
to recover for. appellants negligence in
failing to repair a defective bridge with
notice of the defect, but IL fails to aver
notice, and 1t Is bad.
Superior Court.
Room 1-James NJ. Winters. Judge.
John S. Ellis VS.. the c., c., c. & st. L.
Railway Company; damages. On trial by
Francis NJ Ayers ct al. VS.. Edward H.
Shobe ct al; contract. Dismissed and costs
paid.
Room 2-J. w. Harper, Judge.
Margaret Brock vs. A. c. Ray; replevin.
On trial by court.
Room S-Pliny w. Bartholomew. Judge.
Francis C. Expert VS.. James Stevenson
ct a &c unit Jury " @ verdict for
Frederick Pottman vs. John G. ArbenZ;
replevin. Finding for plaintiff in the sum
George Icenberger VS.. Emerson Moore
Desk Company; damages. Dismissed for
want of prosecution.
Circuit Court.
Edgar A Brown, Judge.
NJ Curtis vs. T. II. & 1. Railway Com
pany; damages. Demand, $4,000. Trial by
jury. Finding for defendant on instruc-
tions of court.
New Suits Filed.
L. p. McCutcheon VS.. John c. Nc
Cutcheon: divorce Superior Court, Room l.
Union Savings and Loan Association No.
2 VS.. Robert Kempf ct al; suit on bond.
Demand 5000. Superior Court, Room 2.
Deere az Co. VS.. Charles b. Rowland ct
al; on note. Superior Court, Room 1.
Evansville Oil Company VS.. Albert E.
Crow; for money collected. Superior Court
Room 3.
No A Indiana Mutual Building Associa-
ton VS. Annie M. Smith ct al; TO fore
close mortgage. Superior Court, Room 2