The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-11-08
THE COURT RECORD.
Court.

17iSS. Cole VS.. Temple. Crawford c. c. Re-
versed. Howard. C.. J.-If a married woman
signs a mortgage to her property but has
not received nor contracted for any Of the
benefits to be derived therefrom she will be
deemed a surety and not be bound. unless
she has in som other way estopped herself.
pa any, Miami nsnriSV &. C. Z. Reversed Reverse .. jordan. J.%
/. When averments in a pleading are in any
way material thay should not be struck out
on motion and the test of their materiality
is whether they tend to constitute a cause
OF action or defense. 2. When a pleading
Is stricken out 1t cannot be amended. and
the pleader must save his question by a bill
of exceptions or obtain leave Of the court
to file another pleading.
Appellate Court.
1858. Tyler Estate vs. Tyler. Knox c.. c.
Affirmed Davis, IA widow may advance
money to pay the valid claims against her
deceased husbands estate and recover the
same from the administrator. She is subro-
gated to the rights of creditors.
1890. Hutson VS.. Cosby. vanderburg S. c.
sufficiently formal to show what it is. and
represents TO the court the question sought
to be raised 1t is sufficient.
versed. Lott, ito admit account books
in evidence the entries therein must have
been made contemporaneously with the
facts to which they relate and made by the
person having personal knowledge OF the
facts.
1922. T. H. & 1. Railway Company We. The
Oldlt. 1ldISndl u. u. DcNClSCu.
IA railroad company that does not main
tain a night office or telegraph office at a
station is not bound by the statute to keep
a blackboard during such hours for the pur-
pose of announcing the arrival of trains.
liza. Building and Loan Association VS..
James. Marion s. c. Reversed. Gavin. j.
liens subsequently created. 2. Existing mort
cages are superior to the claims or a me-
chanic's lien subsequently attached. 3.
Where a person has waived the right to
hnf1 a first mortgage. in favor OF "A building
association, to the amount OF the associa-
TONS mortgage, and the association has
permitted a mechanics lien TO be taken
prior TO both, the waived mortgage must
attach whenever there has been applied on
the mechanics lien and associations claim,
taken together, the amount for which the
waiver was executed.
i4Ss. Insurance Company VS.. Glenn. Wash
ington c.. c.. Petition for rehearing over
ruled.
Superior Court.
Room 2-Lawson NJ. Harvey, Judge.
Horace C. Study VS.. sarah A. Carter:
account. Trial by jury. Verdict for plain
tiff for. $500.
Wait NJ. Heaton ct al. VS.. Frank II.
Arnold ct al; account. Judgment against
defendants for $S40.09.
Phllen ct al. VS.. Wishmeyer ct AL; con-
tempt. Continued until Saturday.
Room 3-Pliny w. Bartholomew. Judge.
Mary Huffman ct al. VS.. City of Indian
apolis ct al. Dismissed at plaintiffs costs.
w A. Van Buren, ct al. VS.. City of In
dianapolis ct al. Dismissed at Plaintiffs
costs.
w. T.. Ducksworth VS.. Herman Lauter;
damages. On trial by jury
Room John l.. McMaster, Judge.
Van vorhis & Spencer VS.. James Nc
Curdy ct al; attorneys fee. Judgment for
Circuit Court.
Edgar A.. Brown, Judge.
The Minnehaha Granite Company VS..
Amelia Russo ct al; street improvement
lien. On trial by court.
Della Flanagan VS.. Cleveland, Cincin-
natl, Chicago G. St. Louis Railway Com
pany; damages. Demand, $4,000.
Ida G.. Mitchell, by next friend, Amanda
s. Mohler, VS.. City OF Indianapolis; dam
ages. Demand. $4,000.
West Publishing Company VS.. Charles G.
Ludwig and William H. Ludwig; replevin.
woodward Iron Company VS.. Indianap-
oils Foundry Company; account. De-
mand, $4,000.
Egan Tailoring Company VS.. Horace 4.
Sebern; notes. Demand, 200.
New Suits Filed.
Indiana Mutual Building and Loan
foreclosure. Note. Demand, $1,000.
Mary F. Sweet VS.. George w. Sweet;
divorce. Cruelty.
Louise Wilson VS.. Metropolitan Life In
surance Company; to recover premiums.
Fidelity Building and Savings Union, No.
4, vs.. Ida NJ. Youart ct AL; foreclosure.
Demand, $4,000.
William Farley VS.. Elmer z. Martin;
note. Demand, 800.
Lavada f. East We. Isaac East; di-
vorce. Cruelty.