The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-17


Instructions will not be held erroneous If
they would be correct under any evidence
that could be given under the issues. o.
sistent and calculated to misiead the jury
or leave them in doubt as to the law 1t is
a cause for reversal.
c. Affirmed. McCabe, J.-This court can
not weigh conflicting evidence and deter
mine where the. preponderance is. "a
self calls for. 3. The fact that the rela,
ton OF attorney and client once, existed
l Isswseh a sn Mi." witne aau to testify as to the
statements of such party so long as IL Is
not proposed to prove by such witness
c connaen Of professionai Business.
1881. City Of Huntington vs.; Grifhsn.
HUNTINGTON {. 6 Petition for seneaf-
ance of a city charter does not implicitly
work an adoption by. the city or streets
and MD grades 'g les s estael tsaf up Sy the the s sormee
creating a liability the city may not es-
tablish a grade.
Affirmed. Jordan, J.-xyhere a charge is
made in the due course of a judicial pro-
.eeding Ii is privileged and cannot be. made
the basis of an action for famati OF
1895. Wilkens VS.. Young. Allen C. G.
Motion to modify. oyerruled u,
Benson. Marion S. c. Motion to rein
state overruled.
17I10. Lilly VS.. Somervifle. montgomery
c. c. Motion to reinstate overruled.
17l25. shepherd VS.. Cohen. Parke Z. Z.
Petition for rehearing overruied.
Appellate. Court.
1892 e. & T.. H.. Railroad Company VS..
cater. sullivan c. c. Affirmed. Gavin, j:
-Where a passenger calls for and pays
FOR a ticket to one place, but Is, by the
mistake of the company's agent, given a
.cket different from that desired, with
which he, without fault, boards the train,
Delieving ne has the proper ticket, he is
Untitled to ride thereon the distance Tor
which he has paid upon making the proper
exclamation, ana II the conductor refuses
10 heed his statements the company is la
1858 State ex rel. Cecil VS.. Christian.
hamilton C.. c. Reversed. kOss, J.-If the
.lerk of the Circuit Court issues letters of
Guardianship in term. time, without the
appointment having been made by the
,ourt; and by reason Of su cf b tes'er US r me
property and squandered 1t, the clerk will
re Fable on his bond.
l7ls. Board of commissioners VS.. Men
LII. The act of 1910 makes the county
board of commissioners the purchasing
agent of the county for the purchase of
III stationery, books and all other articles
Necessary for the business Of the county
Ulcers. 2. The board OF election commits
sioners is a county Office.
1916. Deering a Co. VS.. Armstrong.
Boone c.. c. Record and papers ordered
substituted.
Superior Court.
Room 3-Pliny w. Bartholomew, Judge.
John A. Shepherd VS.. Cumberland Chair
Company; for receiver. Hearing on claims.
Capital National Bank VS.. II. A. Curtis
ct al; note. Dismissed.
Criminal Court.
Frank McCray. Judge.
State VS.. Samuel Green; sodomy. Trial
state VS.. Depointz Granger: assault and
battery with intent to rape. Two years
State VS.. Charles Smith; sodomy. Motion
for new trial sustained. Plea of guilty en-
tered. Sentence of six years In prison.
New Suits Filed.
Superior Court.)
William .Manion. executor, VS.. Margaret
Rurk ct al; to foreclose will.
Lids Rams Va. John r.. Rams; divorce.
Abandonment.
William Weiskoff. administrator, VS..
Peter Ferdinand; account Demand, $500.
Maria G~rubaugh VS.. Joseph I, Grubaugh;
divorce. Cruelty.
orpha Conroy VS.. James Conroy; d.
vorce. Cruelty.
William II. Bennett VS.. Thomas H.. S.
Peck ct al; to revive Judgment. Demand,
$500.