The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-04-06
THE COURT RECORD.
Nupreme Court.

1874. Clayborn vs. Tompkins. Henry G.
Cases IN whh Gstee Of the
require a witness to enter into recog-
nizance for appearance as witness in
cause are, first, where a continuance of a
criminal is granted; second, where changes
of venue are granted on the application
charged is a felony and the justice recog
nzes the accused to appear at the next
the county; fourth, the person to whom
writ of habeas corpus is directed must
verified, which shall state (al the cause
of the restraint, CD if the authority be in
writing he shall return copy and produce
the original on the hearing. And the suffi--
cheney of the return can only be tested
by an exception thereto, and if the
turn be held insufficient the person re-
strained may be released without. any fur
Their hearing; fifth. nothing will be pre-
sumed to be within the jurisdiction, of
but that which is expressly so shown; sixth,
if the record does not show. upon it's face
diction they will be presumed not to have
existed, but this presumption, however, may
1924. Deilkes vs. State of Indiana. Frank
lin G. G. Affirmed. Monks, il All the
instructions. given by. court are to, be
state the law correctly they will be sus-
tanned. 2. If an act be -perpetrated with
to produce death, the purpose to kill may
be inferred from the act 8. The man who
takes anothers life must be himself without
defense. 4. An instruction may be refused
when it is stated in such manner to
proper to assume in question a state of
facts upon which the party is supposed to
have founded his belief 1885,
Commissioners. vigo c. G. Petition for re-
hearing overruled.
1889. Yocum VS.. National Bank of Bra
I'll. Ind. Clay c. G. Petition for rehear-
1881. Gable VS.. Cigar Company. Barthol-
Petition rehoaripQ
1871 State of Indiana VS. Arnold Whit
ley G. c. Petition for rehearing overruled.
1871. Bank of Commerce vs. Supreme
Lodge. Marion C. c. Motion for additional
give additional bond within thirty days
in default of which the supersedeas will be
Appellate Court.
1889. Indiana Insurance Company VS..
Glenn. Washington. G. {. Affirmed. Lott.
il. This court will not weigh the evil
dence where it is conflicting. 2. Where
action is brought on contract and an
assignment as a cause for new trial that
in question the amount of such verdict or
finding.
1920 Klein VS. Tuhey. Delaware c. c.
Affirmed Gavin, Ill a notice for hear
ing of complaints upon sewer ASSESS
ments need only be general, stating time
owner of property is requisite in order to
fix a lien upon his property. 3. While it
for so some notice it is Within its power to
prescribe the kind of notice and the man
ner III which it shall be given. 4. The Leg
islature may make a city councils deter
mination of the benefits derived from an
Improvement final and conclusive, or it
may allow an appeal therefrom. 5. Cases
decided under statute somewhat different
from our own cannot be regarded as au-
thoritative against the decisions of our
1907. Clark VS. Maxwell. Steuben c. c.
Affirmed. Ross. G. when complaint
of the curative effects of a verdict and
the influences which arise in favor of the
correctness of the trial courts rulings. the
complaint is sufficient If the facts are sufn-
cient to bar another action for the same
cause.
l4ss. Indiana Insurance Company vs..
Glenn Washington G. G. Affirmed. Lott.
1.-The question involved in this case was
decided in No. 1889.
1851 Lay VS.. State of Indiana Randolph
C. c. Appellants petition for rehearins.
1890. Norris Rice. Lagrange c. c. APP
pe,lnlsant's petition for 2 re bes
VS.. Craycraft. Petition fog rehearing over
ruled.
Room John L. McMaster, Judge
Jacob Newman ct al. VS.. Harry B. Gates
Jury returned verdict for plaintiff for
s., 410.9s.
Minnie GIBSON vs. Charles GIBSON; suit
for divorce. Superior Court, Room g.
Elizabeth Robinson vs. Thomas j. Simp-
son. suit to foreclose mortgage. Superior
Robert Chisholm vs. Franklin w Hayes
et AL; suit for damages. Superior Court,
Robert Hobbs Us. Bennett Barnett; suit
on account. Circuit Court.
Carrie r.. Shelby vs.. Benz. Shelby. suit
Nora n Mitfendorn vs. John Y Mitten-
dorm: suit for divorce. Superior Court,
Elmer H. Daupert Va. Ida T. Over
holser; suit TO foreclcse lien. Superior
Court Room 3.