The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-12-11
THE COURT RECORD.
Supreme Court.

No. 1881 Wilson VS.. Talley. Jackson c.
C. Affirmed howard, j: Only errors
appeal is taken can De considered in TINS
court. 2. The report of the viewers for
the construction of a often Will stand I'M
less overthrown by the evidence and the
burden is upon the remonstrant to show
I74zS Denke Walter VS.. Leoper.. Marion
S. c. Appeal dismissed. Monks, il All
joint judgment defendants in the court be-
low must be made co-appellants in this
court in all vacation appeals. 2 There
can be but one appeal frona the same judg-
ment and when the same Is not term
time appeal all co-parties entitled to ap-
peal aiz6 must be Joined as H,0,appellanrs Va
Brown. Lawrence c. C. Reversed. Hack
ney, i'll. Where there is enough in a
complaint to bar another e action o Il Is SUM UNI
court 2. master is not responsible for
such hazards as ordinarily belong. to any
t tbe DUTY owing is not one devolved upon
the master A. master Is never liable
for failing to supply safe place for the
in making safe the place of which he
1861. White VS.. n. Y. c. & st. L. Rail-
way Co. Allen s. c. Affirmed. Jordan, j.
| The instructions of the court to the jury
must be considered an entirety and not
by detached parts of clauses z A witness
may be impeached by showing that he has
made statements out of court different to
what he has sworn to upon the trial.
177A. Roby vs.; State ex rel. Matthew vs.
case is affirmed upon the authority of the
case The State ex rel. vs. Roby. Ind, see
i75so. Midland Railway Company VS..
Granthan. Putnam c. c. Dismissed under
rule SO.
aS jsnGnss & st. e. A naaGa Sy c agree ss
''' i7ssi. Gilliland VS.. Milligan Marion s. c.
Certiorari denied.
Circuit Court.
Edgar A. Brown, Judge.
Sarah CRUDE Administrative, VS.. Alexan-
der Cohen: on account. On trial by jury.
Appellate Court.
1916. Deering vs. Armstrong. Boone c.
C. Reversed. Davis. when person
buys machinery as second-hand and
agrees to pay the original price TO the
original seller he contracts to pay his own
debt, and 1t is not within the state OF
frauds
firmed. Ross, Jan application for new
trial after term time, except as provided
by statute, is an INDEPENDENT proceeding.
lively show by proper allegation a cause
for new trial governed by the rules APP
plicable to such proceedings, and If the
facts pleaded do not state a case for which
a trial should be granted, demurrer
thereto for want of facts. In such proceed
ings the complaint must show: tal The is
sues in the general action. (b) The evil
dence given in the trial of the cause. (e)
The newly discovered evidence. I'D The
diligence exercised to discover the evidence
before the trial.
1888 Purviance VS.. Purviance. Hunting
ton c. c. Reversed. Reinhard 1.-The
statute of limitations against claim for
services rendered a decedent do not begin
to run until the services have been per-
formed. 90 promise to remember a
person in his will must be based upon a
valid consideration.
1885 Clennitt VS.. Watson. Green c. c.
Reversed. Gavin, il conspiracy is
not crime in Indiana unless Il be to COM
NIT felony. 2 There is no liability on
the part of co-worker who refuses to
work with another whereby the latter is
thrown out of employment
13f5. Tegarden VS.. Phillips. Orange G. c.
Affirmed. Lott, il All reasonable pre-
sumptions will be INDUCED in favor of the
trial court. 2 The burden is upon those
who assail the judgment of the lower court
TO make the error manifest g. One who,
though not party, prosecutes an action
by employing counsel and doing those
things which are usually done by party
Will be bound by the judgment. A. Juror
Is not disqualified to act as such because
his wife and the wife of one of the iti-