The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-02
THE COURT RECORD.
supreme Court.

17211 Goss vs. Wallace. Fulton c. c:
Affirmed. Hackney, IAN assignment Oh
cause of action or present an error Wnicn
is available to all who Join in i, =
Affirmed McCabe, c. i'll. The errors as
signed on a second appeal must be made
apparent on the face of the record lot
evidence of an intentional killing where
there are two counts in the afndavlt, one
charging murder and the other invoiunta Try
a new trial must be shown to be true by
the record outside of the motion or by bill
verse for an error of law and not of fact.
s. For exceptions to be made available 1t
must atfirmatvely appear that the ne ruling rrf
15453 Indiana, Illinois & Iowa Railway
Company VS.. snyder. Jasper G. g. At
irmed Jordan III Assignmen1sd OF an edr1 bs
available to the party complaining upon
his showing that all of the instructions
refused are correct. 2 An agent or en-
ploye. whose authority is delegated to it
BY ny r siannn To ali acts done
by him within the scope of his authority,
and the corporation is charged with notice
OF Save na asf1o Ge The duy Of the
master to provide safe machinery is con-
171Os. Walker VS. Janison. Marion c. C.
Petition for rehearing overruled.
174l6. Shuman vs. Calls Madison C. c.
CerllOTdrl dWdTuSu.
Appellate Court.
1904 C. & S. E. Railway Company VS..
Adams. Boone c. G. Reversed. Gavin, j.
Il. Where a remedy is purely statutory
a right should bring himself within the
statutory provisions. 2. court should not
enter final judgment against party with
out first entering a rule to answer or plead
over.
1885, Keck VS.. State ex, rel National Reg
lister Company. Howard C. c. Affirmed.
Roinhard II. The court has the mower to
allow an amendment to complaint to be
made in order to avoid g. variance between
payment of a part of the purchase money
does not convey any title to the pur-
interest therein which makes the prop
erty subject to seizure and sale or exc
cution.
Howard G. c. Affirmed. Hackney, j.
/. A married woman may be estopped in
pals in cases involving her equitable title
to real estate. 2. Where one of two inno-
cent parties must suffer by the act of
third party. he must suffer whose. conduct
has made it possible to do the act.
Superior Coart.
Room Martin Hugg, Judge Pro tenn
Rachel M. Randall VS.. John w. Huggler
ct al; title. On trial by court.
Room Lawson NJ. Harvey. Judge.
Adelaide Pelton VS.. Citizens Street-rail-
road Company damages. Dismissed and
Edward zellenska VS.. c. H Hollis: ac-
count. Judgment against defendant for
$343. So and costs.
Room 3-Pliny w. Bartholomew. Judge.
Peter Pursell VS.. Cyrus Butterfield;s me-
chanic's lien. Under advisement.
Circuit Court.
Edgar A. Brown. Judge.
Grand Lodge X. of p. VS.. Koerner Lodge,
No. 6, X. of p; injunction. Trial by court.
Taken under advisement
jefferson H. Claypool vs. City of Indian
apolis ct al; injunction. Appeal granted to
Supreme Court.
New Suits Filed.
Indianapolis Manufacturers and Carpen-
ters' Union VS. Joshua L. Fatout ct al. );
suit on note. Superior Court, Room 3.
Charles Maxwell VS.. Sarah L. Hall; suit
to foreclose lien. Superior Court, Room /.
Elzarah Drummond VS.. William H. Drum
mond; suit for divorce. Superior Court,
Room g.
Hayden P Anderson VS.. Peter KisseI;
complaint on Judgment. Superior Court,
Room 2
John W. McF'all VS.. Oliver S. Kelly; COM
plant to set aside deed. Superior Court.
Room 2.