The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-22

Madison c.. c.. Rehearing denied. Davis, J.
The record shows that neither the validity
nor construction OF the ordinance Is in
$50. Grand Rapids. etc.. Ry. Co. VS..
Diether ct al. Allen S. c.. Rehearing de-
MED; Gavin, ia credit Of $40 on the judg-
335. Pomona, ETC., Co. VS.. Tate. Owen c.
G. Reversed. Ross. 1.-THE evidence shows
that appellee was injured by his own negii-
gence.
1852. Ragsdale ct al. VS.. Barnett. Ad-
ministrator.- Johnson. c. c. Reversed;
Reinhard. jim this case an authentical
contrast too long TO set QUIT is construed.
and it Is held the instrument gives the
survivor a life estate, with such W. of
enjoyment thereof. 2. In the construc-
ton of such contracts much liberality is
intend of " The eo partie IS Without reference to
the strictly technical meanings OF words
employed. Even in ordinary contracts be-
tween parties the controlling rule OF con-
struction is to ascertain and give effect to
the intention of the parties. This intention
must be sought not in isolated words,
instrument in its entire scope and purpose.
Effect must be given to every provision,
guage is obscure or ambiguous resort may
be had TO the situation and relation or the
parties and the surrounding circumstances
under which the contract is made.
1868. Jaqua. VS.. Shewalter. Randolph c.
c. Rehearing denied. Lott, c.. J-Where
there is no allegation in a complaint that
a debt is due the complaint is bad, and it
is not rendered good by the fact that the
bill of particulars bears a heading using
lions with reference to the consideration
by the terms of the instrument becomes
reference to contracts apply, and the con-
sideration expressed cannot be varied by
parol any more than any other portions or
757. Bennett, Executor, VS.. Seibert ct al.
Marion G. c. Rehearing denied. Gavin, j.
All parties whose interests may be sub
4 anfioI Nv q ffnrfQd IN tho ipdopaanf nm m
peal should be made parties to the appeal,
but their absence may be waived.
Superior Court.
Room 1-James NJ. Winters. Judge.
Nettie smith vs.. Charles Smith; divorce.
Decree granted plaintiff.
German-American Building Association OF
Indiana VS.. Sarah h. Bowler ct al. to fore
close mortgage. Judgment for plaintiff for
Crescent Brewing Company VS.. John
Kelly; account. Judgment for plaintiff for
1858.
Henry T. Noting VS.. Maria Hart; sprink-
ling lien. Judgment for plaintiff for $l2S7.
Room 2-J. w. Harper, Judge.
Eliza M. Harris VS.. Jesse Harris; divorce.
Taken under amusement.
Izinnfe L. Watkins VS.. James. H Wat
kins; divorce. Dismissed by plaintiff at
plaintiffs cost.
Ellen Taylor VS.. VIM. Taylor; divorce.
Dismissed by plaintiff at defendants cost.
Christian f. Neimann VS.. Mary Neiman
divorce. Dismissed by plaintiff at plaintiffs
OOSI.
Anna Elvis VS.. VIM. Elvis; divorce. Dis
missed by plaintiff at defendants cost.
Geo. w. McCray VS.. Cyrus H Ross ct
al; suit on note. Cause dismissed at de-
PENDANTS cost.
Ernestine Kopp VS.. Godholdt Kopp: di-
vUrce. Cause dismissed at defendants cost.
John Wilson VS.. VIM. Baker. Cause dis
missed for failure to prosecute.
Emma Harris VS.. Calvin /. Fletcher.
Cause dismissed at plaintiffs cost.
Room 3-Pliny W.. Bartholomew, Judge.
Alphonsus Cloutier VS.. Consumers Gas
Trust Company ct al; damages. On trial
by jury.
Edgar A. Brown, Judge.
J. Frank Younce VS.. James Wilson's Es-
tate. Claim allowed by administrator for
S16.25.
Flanner & Buchanan vs. James Wilson's
ESTATE. Claim allowed by administrators for
500.
A. E. league VS.. James Wilson's Estate.
Claim allowed by administrator for $35.
Long & Curryer VS.. James Wilson'S Es-
tate. Claim allowed by administrator for
500.
City of Indianapolis VS.. Citizens Street.
railroad Company. Argument on motion for
removal to United States Court.
New Suits Filed.
Capital National Bank VS.. James A. Gill
ct al: complaint or note. Superior Court.
Room 2.
Omer Rodabaugh VS.. Alice NJ. Cook ct
al; suit to foreclose mortgage. Superior
Capital National Bank VS.. Henry Finske
ct al; suit on note. Superior Court, Room l.
Harry d. Sparks VS.. Mary Sparks; suit
for divorce. superior Court, Room 3.
Capital National Bank VS.. Robert M.
Brewer ct al; suit on note. Superior Court,