The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-07
THE COURT
Supreme Court opinions

"a
1871. Urmston VS. Evans. Upton c. c.
Reversed Howard, J.-By Section 3l4, r.
s. 1884. when there are several defendants
of them 1t has jurisdiction over all oilers
residing within the State, by issuing and
interest In real estate can be rscovereed
on only In the county where the land is
situate.
Affirmed. McCabe, J.-Evidence Of the in
solvency OF a deDtor proven to exist at
the time the suit is brought to set aside a
support the complaint. as there IS no. as
sumption that such insolvency existed prior
was made. >
ls5n; Meq FIssy vs., ( s. & Ms n. s Rssi nSS
street lamps used a ladder which he rad
notified the master was out OF rspair AID
furnished, and the ladder give way and
he was injured. Held, the master was not
1856. c., c., c.. & St. L. Railway Com
pany VS.. Stephenson. Boone c. c. Re
versed. Hackney, c. IA railroad com
paag @wes 80 no or Pro o,bo wtb lpuT ~, It's kn m1re
moved to a chuts and loaded it with hogs.
1921. Feary VS.. Hamilton ct al. Shelby {.
C. Appeal granted and twenty days given
TO file bond.
1647O. Perry VS.. Hamilton. Decatur C. c..
Rehearing denied.
~ WL
1855. Hoffman VS.. Hollingsworth. Knox c.
C. Affirmed. Ross, J.-Where a note payable
in bank and due sixty days after date is
presented for payment when due, payment
refused and notice of nonpayment is given
the indorser, his liability is fixed. The. la
biIfty is no other or greater because or a
verbal request by the indorser not TO sue
the maker, and consequently the contract
of the indorser is his Endorsement, uncon-
nected with such request. 2. The holder
must present the note for payment on me
d1x- ~ oils dnn FL lIoGG 4 Is MOI In n1S
power, by the use of reasonable diligence,
to do so.
Owen c. c. Reversed. Reinhard, 1.-THE
master owes the servant and employee the
duty of providing him with reasonably safe
places and appliances in the performance
11O7. Marion Street-railway Company VS..
Carr. Blackford C. c. Affirmed. Davis. G.
1.-THE evidence tends to support the ind
ing. 2. The record shows appellant moved
for judgment non obstante veredicto. The
error presented is the overruling or me
terrogatories, Notwithstanding the general
verdict: Held, no error presented.
1914. Davis, etc. Company VS.. Booth ct
tract In this case is identical in legal eff
feet with the one in Davis VS.. Hillsboro q
Co. this term) 2. A cause will not be re-
versed with leave to appellant to amend a
complaint defective in matter of substance.
1920. Bloomer, Administrator. VS.. Gray.
Situations as to the Character and Quality
Of the machinery and custom of a mill
and it's earnings are peculiarly within the
knowledge of the seller, and the purchaser
has a right TO rely on them.
Superior Court.
Room flames NJ. Winters, Judge.
Albert r. Baker VS. Supreme Sitting
Order of Iron Hall; claims. On trial by
court.
Louise Weaver VS.. James Price ct al;
note. Judgment for plaintiff for $124.50.
Fred w. Noting VS.. John j. Ries; sprink-
ling lien. Dismissed.
Henry T. Noting VS.. John S. Freeman;
sprinkling lien Judgment for plaintiff for
Henry t. Noting VS.. Francis Stout ct
al; ~sprinkling lien. Judgment for plaintiff
for $l3.03.
Room 2-J. w. Harper. Judge.
Foster-Bennett Lumber Company VS.. Per-
cival ~. Salisbury; suit on account On
trial by jury.
Room 3-Pliney w. Bartholomew, Judge.
Harriet Z. Cheseborough VS.. Horace r
Allen ct al. contract. On trial by jury.
Circuit Court.
Edga a. Brown, Judge.
Solomon Claypool VS.. John S. Farrell:
damages; demand, $500. On trial by jury.
Vanie Taylor VS.. Joseph NJ. Hightshoe;
damages. Dismissed and costs paid.
New Suits Filed.
jefferson w. Wilson VS.. Daniel w. Har-
ter ct al; damages; demand, $500. Superior
James w. sanders VS.. Ellen sanders;
divorce. Superior Court, Room 3.
Western Paving and Supply. Company VS..
Marcus l. Hare ct al; to foreclose lien
Superior Court, Room 3.
Carrie Kisling Tvs. Jacob Kisling; d.
vorce. Superior Court, Room 1.
William ID. Cumming VS.. Adamant Pfas-
ter Company; suit on note. Circuit Court.