The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-17
THE COURT RECORD.
Supreme Court Opinions.

1670S. Griffin ct al. VS.. Taylor. Marshall
c. c. Affirmed. Howard, G. J.-Where a
young man, a favorite grandson, under pre-
tense of aiding old people in caring for
their property proceeds deliberately TO APP
p%ropriate TO his own use the whole estate
called upon to account for his transaction,
escape liability by setting UP that the con-
tract was within the statute of frauds.
1884. Browning Ell al. VS.. Smith ct al.
Marion G. c. Affirmed. DALEY, 1.-THE
Marion Superior Court has jurisdiction of
suits to enforce tax liens. 2. Where proof
varies from the averment the pleading be-
ing amendable below will be considered as
amended in the Supreme Court. 3. When
the owner of the equity of redemption was
not made a party TO d proceeding TO fore
close a tax lien. junior hen-holders parties
thereto cannot maintain collateral attack
upon the decree when they did not pay or
offer TO pay the superior lein against which
they seek to quiet title.
I'M. Kelly ct al. VS.. Kelley. Flovd c.. C..
Opinion on pleas in abatement. Hackney,
IA final judgment or decree establishing
a cause Of action survives the death of the
party, Notwithstanding the cause of action
would not have survived if not reduced to
final judgment or decree.
1853. Scanlon VS.. Stewart ct al. Shelby
c.. C. Affirmed. McCabe, 1.-THE levy of
an N execution is satisfaction Of
cient value until the levy is legally dis
posed of. 2. The erroneous refusal of a
of a motion for a new trial to bring the
question here.
Appellate Court Opinions.
1151. Board, etc, VS.. McLahlan- Law
renee c. C. Affirmed. Lott, Where the
missioners to attend the poor of a town.
ship lived seven miles from the residence
of a sick child, and was old and infirm, the
county was liable to pay for his services.
n21. Everly VS.. State ex rel. Sullivan
c. C. Affirmed. Reinhard, 1.-THE Circuit
given to stay proceedings upon a judgment
assessing a fine for ~unlawfuliy selling in
toxicating liquor;
Bank. Perry c. c. Reversed. Gavin, J.
The sustaining OF a demurrer to a general
denial is fatal error.
Superior Court.
Room 1-James M. Winters. Judge.
Van Camp Hardware and Iron Company
VS.. Horace l. Pattison ct al; note. Judg-
ment for plaintiff for s116.65.
Albert Ellinger ct al. VS.. Dennis ]. Sui
Ivan ct al; account. Judgment for plaintiff
indianapolis Manufacturers and Carpen-
tiers Union VS.. Jeal Williams; account.
Judgment S51 nsas for piaintihi a for s2s7 20, min,
hing lien. Dismissed and costs paid.
The Home Brewing Company VS.. James
+. OBrien; account. Judgment for plaintiff
for 5000.
Room 2-J. w. Harper. Judge.
ct al; to collect attorneys fee. Tried by
court. Judgment for plaintiff for sos.
Room 3-Pliny w. Bartholomew. Judge.
Mary Alrhands VS.. Lack Allhands; d.
vorce. Decree granted plaintiff.
Charles Jones VS.. Sarah Atkins; street
lien. Dismissed and costs paid.
Emma Ball. VS.. jeremiah Ball; divorce.
Decree granted plaintiff.
Henry Dollman vs.. Amanda Weddle; me-
chanic's lien. Evidence heard and contin-
ued.
M~idcontinent Publishing Company VS.. p.
Hayes; contract. On trial by jury.
New Suits Filed.
Clarissa Fergeson VS.. john NJ. Rowletts;
TO foreclose mortgage. Superior Court,
Room g..
Joseph H. Lewis VS.. H. c. Dawson; dam
ages. Circuit Court.
Royal Savings Association VS.. August Err
brich; to foreclose mortgage. Superior
Court. Room 2.
VIM. Henderer ct al. VS.. Joseph G.. Dun
can; suit on judgment. Superior Court,
Room 2.
Philander +. Phillips VS.. James H. Reece;
to foreclose lien. Superior Court, Room 1.
William c. Buddenbaum ct al. VS.. Henry
Schmidt; 10 foreclose lien. Superior Court,
Room 3.
Massachusetts, Mutual Life Insurance
Company VS.. Albert Aeon ct al; TO fore
close mortgage. Superior Court, Room 3.