The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-12
THE COURT RECORD.
Supreme Court Opinions.

1VlS rank TdlfIer VS.. state Madison
c. c. Reversed. Daily. 1.-THE refusal of
the court in criminal prosecution to hear
evidence of the defendant that a confession
of guilt made to witness and to be intro
duced in evidence to the jury, was procured
by threats, was error
17OO6. Commissioners of Vigo County VS..
Hackney, Embarrassing the salaries of
judges under the act of March 4.1S93, is dis
cretionary with the County Commissioners
and no appeal lies from their decision Nc
Cabe, j., dissents.
1928: Nancy E. Woodruff. Administrators,
VS.. Silas T. Bowen. Marion c. c. Rehear-
ing denied.
Appellate Court Opinions.
$685. VIM. L. Taylor VS.. Patrick McGrath.
Benton c. c. Affirmed. Davis, c. J.-Unless
the discretion of the trial court in determin-
is abused, this court will not interfere
1025. John f. Ross VS.. State. Marion c.
G. Affirmed. Reinhard, Jan affidavit
charging defendant with following his usu-
al avocation on Sunday is not invalid be-
cause the jurat gives the time when it
was subscribed and sworn to as 1S9-. q
When an affidavit under the statute pro-
hibiting persons from engaging in their
usual avocation' on Sunday, except In case
of charity or necessity. charges the de-
PENDANT as having engaged in his usual
avocation, to-wit: Giving special shows and
performances in a certain theater, it de-
fines a public offense.
stuitz ct al. Huntington c. c. Reversed SD
Gavin, j. Lott. j.. dissents.-Averments
that plaintiff and defendants were members
of a company and the holders of all its
shares of stock are allegations of fact and
are sufficient to show that the parties
were stockholders. The mode by which
they became stockholders is matter of
evidence. q Under Section 5077 r. S. 1881,
there is in laborers right to enforce the
personal liability of stockholders of a cor
poration for services until some necessity
therefor arises, such the insolvency of
the company or their failure TO collect by
legal process. Until the corporate property
be insolvent, such claims could not be en-
forced against stockholders. So if part of
the stockholders pay such claims such pay
ment will be held voluntary and no contri-
button can be enforced without showing in
Solvency.
S45. William P. Armstrong VS.. Samuel A
White. Sullivan c. c. Rehearing granted.
Superior Court.
Room 1-James NJ. Winters, Judge
Fannie Woods VS.. Citizens Street-rail-
road Company; damages. Dismissed
James A. Burns VS.. The Globe F. and NJ
Company; contract Dismissed and costs
paid.
Pabst Brewing Company VS.. John Rieder;
foreclosure. Judgment for plaintiff for
$l,004.99.
Room 2-J. w. Harper. Judge.
John c. Riley VS.. Charles Loge; replevin
Tried by court Taken under advisement.
Daniel Foley VS.. Henry l.. Bowman; fore
closure of street-improvement lien. Cause
dismissed and costs paid.
mechanics lien. On trial by court.
Catherine Harper VS.. The indianapolis
Glue Company; damages. Cause dismissed
at plaintiffs cost
Room S-Pliny w. Bartholomew. Judge.
Susannah Weber Citizens Street.
railroad Company; damages. On trial by
jury.
Willard F. Cox. Judge.
State VS.. William WEIGH; burglary and
On trio nv iIIrsxy
State VS.. Harry Weathers; burglary.
Pleaded guilty Imprisonment in the State
prison for five years.
State VS. Frank Bennett receiving stolen
goods. Pleaded guilty. Imprisonment in the
workhouse for six months and fined 81 and
costs.
Edgar A. Brown. Judge
Mary c. Hansing VS. Anton Auchgills es-
tate. Claim allowed for $1,000.
NJ. w. Hopkins John B. Mazelin's es-
tate Finding for plaintiff and claim allowed
Peoria & Eastern Railway Company ct
al. VS. the Town of Haughville; injunction.
Dissolved. Judgment against plaintin for
VIM. L. Mccormick VS. Eliza Walsh ct
al; mechanics lien. on trial by court.
New Suits Filed.
The Indiana Building and Loan Associa-
ton VS.. Jackson Scott ct al; foreclosure
mortgage. Superior Court. Room 8.
Clarkson II. Moon ct al VS.. Mary f.
Kaiser ct al; mechanics lien. Superior
Court Room 2.
The Indiana Building and Loan Associa-
ton James c. Wheat ct al; foreclosure
mortgage. Superior Court, Room 2
Henry Seyfried vs. London Guarantee and
Accident Company; account. Superior
Court Room l.
Dora McCarty VS. William B. Wampler;
on account. Superior Court. Room 8.
John Fry Anne Fry; divorce. Superior
Court Room 2.
Henry Cobourn VS. Franziska Erber; me-
chanic's lien Superior Court. Room l.
Eastman Schelcher & Lee VS.. Henry III.
Buscher: account Superior Court, Room 2.