The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-27
THE COURT RECORD.
Supreme Court.

1852. Goodwin VS.. State ex rel. Faley:
Vigo s. c: Reversed. Monks, IAN act of
of city the power S to ,e create t'J an Office
gives the Council the power to abolish the
Office at will.
INN. Reamer VS.. Hogg. Allen S. c. At
firmed. Howard, c. J.-Section seas r.
s., 1894. does not require the commissioners
of drainage funds to collect the unpaid
derived from ditch when the money is
not necessary for the completion of said
ditch according to the plans and specifca-
lions thereof.
1906. vordermark VS.. Wilkinson. Allen
c. G. Petition for rehearing .overruled:
1889. Eagan VS.. o. & NJ. Railroad Com
overruled.
Appellate Court.
1903. School City of Noblesville VS..
Skenzmann. Upton c. C. Affirmed. Ross,
il. A. motion in arrest of judgment is,
waiver of the right to ask for a new
trial. 2. A demurrer that reads as fol-
lows Comes now the accomplishment
and demurs TO the second paragraph of
answer to cross complaint and says that
said paragraph does not contain facts suf-
ficent to constitute a cause OF action, is
insufficient in FORM
1913: LETTER VS.. Watson. Madison c. c.
Petition for rehearing overruled. Gavin,
Amy errors not presented in the orig
inal hearing are hereby waived and cam
not be raised for the first time petition
| for rehearing.
1927. Waterbury VS.. Miller. Warren c. c.
| Affirmed Lotz, il Whenever the evil
dence offered does not obviously bear upon
| the question at issue the court should be
| advised of it's character that its. relation to
| the cause may be seen. There must be
an. offer in some form that the witness
| testify to given fact. 2 1t is the duty
| Of the jury in finding special verdict to
| and upon which evidence given, one
| way or the other and in the event it can
| not agree upon any fact upon which evil
| dence has been given the verdict should
| state what facts il cannot agree upon. g.
| Instructions must all be construed together
granted for cause appearing on the face
| Of the record and a motion for a new
trial may be obtained for extrinsic causes
| TO prevent fair trial. 5. Silence upon
| any. issue is a finding against the party
having the burden en-. OF proof. s. If verdict
| by motion for new trial. z. Where a
| person buys WITHOUT notice of any fraud.
IN good faith and pa ausbe
| fide purchaser. g. Fraud under the rules
| in this State is a question of fact and
| it must be as substantial fact. 9. a
member Of a partnership cannot be a
| bona fiee purchaser from the firm of which
| Superior Court.
| Room 1-John Ia McMaster Judge.
| Samuel Hicks VS.. Joseph NJ Hightshoe ct
| al: damages. Dismissed.
Anhueser-Busc Brewing Company VS..
William Aic CHI account Judgment for
Henry Coburn VS. Caroline A. Waggoner;
mechanics lien. Dismissed and costs paid.
| Frederick Belck VS.. George Weaver ct al.
| note. Judgment for plaintiff for S42.79.
Room s-Pliny w. Bartholomew. Judge.
Leander A. Fulmer VS.. Samuel NJ. Comp
| ton ct al; Improvement lien. Dismissed.
| Eliza J. knight VS.. A. F. Denny; dam
| ages. Finding and judgment for plaintiff
| against defendant for $685.
| Sarah Canine VS.. H. J. Milligan. Jury
| returned verdict for plaintiff
Circuit Court.
Edgar A Brown. Judge.
Fife Strickler Stokes VS.. Joseph Deitch's
4 Estate; claim. On trial by jury.
r. A. Wells VS.. John Streight ct al: for
| decree Of Indebtedness and sale of real es-
| tate
| Moses X Fatout ct al VS. Annie Marie
! Johnson Ell al; mechanics lien.
Criminal Court.
Frank McCray, Judge.
( state VS.. William Reese; grand larceny.
Plea of guilty. Fine of $40 and one year in
State VS.. Jacob Wade: embezzlement.
Evidence partly heard and case continued.
State vs. Alya Logan; burglary and an e! grand
| three years in Prison Narth-
New Suits Filed.
Superior Court)
Jefferson Lowell VS.. Citizens Street-rail-
| road Company: damages. Demand $10.ee0
Oda Raper vs. MAJOR Iaylors damages
| Demand, 5000.
Harry K. Dicks VS. Lillian z. Dicks: di-
| vorce. Adultery
Charles Lilly CT al. VS.. Thomas j. East
ct al: contract OF lease. Demand. 500.
| Hattie T. Strange vs. James W. Strange;
desertion and failure 10 provide.
Sarah G.. Owens VS.. Samuel +. Owens
divorce and almony- Cruelty.
Edith NJ. Christ VS.. Broad Ripple Rapid
Transit Company ct al; damages. De-
Lambert II. Smith W. Broad Ripple Rapid