The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-12
THE COURT
snnreme Courf.

1850. c., st. L. & P. Railway Company
vs.. wolcJtt. cass c. G.. Affirmed. How,
ard, III. w, THE law s, Mill ALLOW eompr gsnsrii
multiplicity of matter and a great variety
Of facts, in order to avoid proiixity. 2. A
property is a%ssignable. g.. Long-hand man
uscript that contains all the evidence is not
a bill of exceptions. but should oe lng or
seal of the court is necessary to authenti-
cate a transcript. s.. Where it would be
conclusion as to amounts, balances. ETC.,
accountants may be allowed TO examine
such books, etc, and testify to the result;
6. A common carrier may so hold himself
out to the public as to make himself liable
for not receiving and carrying goods be-
7Ia. Chandler VS.. State. Hamilton C.
C. Affirmed. McCabe. il. There is no
provision in the criminal code for making
by order of the court without a bill of
exceptions. 2. Where. however, all the facts
by the motion and all essential informa-
ton relative thereto appears on the face
of the record proper, no bill of exceptions
is necessary to make the same a part
of the record. 5. On a motion in arrest,
if the Indictment is found to contain all
the essential elements of a public offense,
even though to some extent effectively
stated. it will be held sufficient.
I71S5. Mitchell, VS.; Brawley. Huntington
ment can be rendered in favor OF a party
having the burden of the issue all the facts
essential to q recovery must na.n pc stated s5e in IN
taken by intendment.&
172s2. Ellison VS.. Bramstrator. Allen c.
G.. Dismissed.
17224. Davis VS.. Bayless. White c.. c.
Petition for rehearing overruled.
Appellate Court.
1210. Western Union Telegraph Company
VS.. Stratemeier. Ripley c.. C, Affirmed.
Davis. J.-Damages for mental anguish
sought TO be recovered. the proper amount
to be assessed is a matter that must nee
ment of the jury under the direction OF
the court.
vs.. Craycraft. Jackson c.. c. Affirmed
Gavin. il. While a written contract
merges into itself all prior parole neeotia-
lions with reference to that contract 1t by
no means necessarily merees into itself
all other contracts actually entered into
Il the same property. 2. The right Of
parties to change a contract OF Shipment IS
Superior Court.
Room 1-John L. McMaster. Judge.
Adolph Moses ct al. VS.. Morris NJ. Mum
ster ct al; account. Judgement for plaintiff
Mark A. smith VS.. Andrew j. Reed:
notes. Jury returned verdict for plaintiff
George Findly VS.. Citizens Street Rail-
way Company: damages. On trial by jury.
Room 81. NJ. Harvey. Judge.
Union Saving and Loan Association VS..
Robt. kenny ct al; motion for a new trial
ONeTfultu-
Big Four Building Association VS.. J. p.
Pattison ct al: foreclosure Finding of
Judgment against c. w. Allen for $3.50 10.
Foreclosure and sale ordered. receiver
appointed with bond fixed at 800.
Philander f. Phillips VS.. Amanda NJ.
Church: mechanics lien. Judgment by
default against defendant for S5i.75. Sale or
dered.
cival A. Salisbury; on account. Motion for
new trial overruied. Plaintiffs appeal to
general term.
Room s-Pliny w. Bartholomew, Judge.
Jas. Combs W.. c.. c., G.. & st. L.; dam
ages. On trial by jury.
New Suits Filed.
Elijah b. Martindale VS.. Georgia Wright