The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-11-07
THE COURT RECORD.
Court.

loclo. L., n. A. q Z, halfway Company
VS.. ~Treadway. Putnam C.. c. Petition for
rehearing overruled.. Monks. i'll Under
the statutes a Judgment may be rendered
against the defendants severally, though
all have been served. when the plaintiff
would be entitled to judgment against such
defendants if the action had been against
them severally. ., Crder the statutes the
trial court possesses chancery powers in
adapting its Judgment to the rights of the
a part of the appellants and affirmed as to
others.
1921. Pennsylvania Railroad Company
Hackney, J.~This case is affirmed upen
the authority of Pennsylvania Company
VS.. the State. No. 1920, decided at the
172Of. Stotsenburg VS.. Fordice. Floyd C.
G. Petition for reheafing oyerruled. Hack
ney, J.-Points not specifically made in the
| original briefs cannot be made in a petition
for rehearing.
ls4s7. Russ VS.: Russ. ST. Joseph c. c.
| Affirmed. McCabe, i'll. Collateral mo-
| tions together with the action of the court
thereon and exceptions thereto must be
made a part of the record by a bill of ex-
ceptions or special order of court. 2. I'M
less a motion to dismiss an appeal from a
board of County Commissioners is incor-
porated in a bill of exceptions no question
of the trial courts rulings thereon is pre-
scented to this court. 3. An objection to the
form of the judgment by means of a motion
to ri modify the n w same tb must ind po1af o is sn 1he
posed to be wrong and specify the particu-
lar change that is desired to be made.
liOUD. IOeIcn fS. hO6nttf AiCh -. -
| APPELLANTS petition for reharing.
1852. Milburn VS.. Milburn. Clinton c.. c.
Rehearing granted.
Appellate Court.
174s. Board OF Commissioners VS.. Hemp
hill. bartholomew C.. c. Affirmed. Ross.
il. Where a demurrer is addressed to
all the paragraphs of a complaint unless
all the paragraphs are bad the demurrer
| county bridges in repairs is imposed upon
the county and any neglect of that duty
H.. s.axx - n 80. x-alAn a n
| liability on the part of the county therefor.
8. A bill of exceptions must be filed with
the clerk after it has been signed to become
1857. Beatty VS.. Pruden. Jackson G. G.
Reversed. Only such drains are subject
as have been constructed and opened as
| public bitches. q A land owner must have
| notice of the action Of a surveyor in max.
a ditch before the surveyor can gain juris-
diction. 8. Personal notice Of an allotment
dent land owner as we'll as upon the town.
ship trustee. 4. A judgment void for want
OF jurisdiction may be collaterally attacked;
| Road Company. Hamilton G. c. Affirmed.
Gavin. lone party who was the active
wrong doer can be compeiea 10 MAKE gp4v
| was compelled to make good 10 a third
| person by reason of the first persons acts.
1913. G, c., &. & st. Louis Railway Com
pany VS.. Martin. Fountain C Reversed.
Davis, i'll. An employee eating his dinner
upon the premises Of the master when he is
get his dinner is. an act Incident to his
service. .. A complaint alleging that the
S Seecsssdse 1T M sSe e hirSn wh Must IN w fng f tSeree
is a special finding, be supported by all
the ultimate facts and that he was In the
pump house in the line of his duty.
1875. Life Insurance Company VS.. Howell.
| Lawrence c. c. Reversed: Lotz. J.-When
an am af sSs nomp parlSy should not be liable FOR
An accident while the insured was upon a
| railroad bridge. trestle or roadbed II VIII
he sufficient to defeat On action brought
mon the policy when the injury was caused
while at such places, except In cases oil
railroad officers and employees, IN the line
1sSS Barley VS.. Brown. Grant c. c,
Petition for rehearing overruled-
Superior Court.
Room 1-John L. McMaster. Judge.
Chris. Schwert VS.. ]. w. Wick ct al.
lien. Dismissed.
Room 2-Lawson n. Harvey. Judge.
Lizzie Fleece vs. Charles Fiske; damages
Jury disagreed and are discharged.
Pullen ct al. VS.. Wishmeyer ct al: con
tempt. On trial.
Room 3-Pliny W. Bartholomew Judge.
Horace G.. Brown VS.. J b. Cameron
f fer s2l5' s5Aa''1s : 'u'''sA' an
Martha A. Butterield VS.. Alice p. Clarke
ct al: note, Finding and Judgment fol
w. T. Duckworth VI. Herman Lauter
damages. On trial by jury.
Charles Schoert ct al. VS.. f. A. Hays
street lien. Dismissed.
Circuit Court.
Edgar A. Brown. Judge.
Minnehaha Granite Company VS.. Aurelis
Russo ct al; street improvement lien. On
trial by court.
New Suits Filed.
Thomas Hayes ct al VS.. William II
Young ct al, executors: Supplementary n
execution
Thomas Mclaughlin VS.. 1ames A;ifchelI
accounting and 10 quiet title