The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-18
THE COURT o
Court.

1740i. Galloway vs-gCampbell. Wells c..
ton is made for the appointment of a re-
ceiver, to determine the probable facts from
the several pleadings and afidavits. 2 The
receiver. Is presumed to have acted on the
truth of the statements IN the application
and the afidavits connected herewith.
c. Reversed. Monks, i'll. If a person, by
the proper complaints and proof. can estab-
lish his right to have had a receiver APP
pointed at a certain time. his right to the
money in the hands of the receiver is de-
termined in the same way as If a receiver
had been appointed at the proper time. 2.
II facts properly pleaded and proven give
the fact that the year for redemption has
expired cannot deprive him of his right.
1859. Moore VS.. Hermon. Howard c.. C.
Affirmed. Jordan. il If the fact that a
person vas a necessary party plaintiff,
by reason of his interest in the action and
the relief sought to be. obtained thereby,
was not apparent upon the face of the COM
plant, the objection thereto should be made
by way OF plea in abatement. 2 An an
swer in abatement. must be verified and
pleaded Herewith. and the issue thereon
must be tried first and separately. 3.
Where 1t appears that words of qualiica-
the number OF acres. it Is a mere matter
OF description and notlthe essence Of the
contract, and the buyer assumes the risk
OF the QudllllN IL I0cTe Is TO lHleTmlXtQre
of fraud. 4 The doctrine. of merger has
no application where fraud is the issue.
17225. Lee VS.. Mornings. Hamilton c. c..
Appellants motion to reinstate.
1870. Packet Company VS.. Pikey. Dear
born c. c. Petition for rehearins over
ruled.
In. Accident Insurance Company VS..
hard. c. il. The fact that an insurance
company accepted and retained the proofs
of death or failed to furnish the beneficiary
with blanks with which 10 max proof does
not constitute a waiver. 2. The special
fndiEg. should show the company's denial
of liability.
176s. Berkeley VS.. City of Elkhart. Elk
hart c. c. Affirmed. Rose. il. A city
court is governed by the same rules in
making issues as justices OF the peace, and
all defenses in that court. except the stat
utes OF limitations. s~et-off and matter in
abatement are available under the general
denial. 2. One against whom a harmless
change the issues so that it shall become
harmful and thus bring into the record a
reversible error.
versed. Lott, J.-When a special contract
has become executed and nothing remains
to be done but to pay the money agreed to
be paid under TX a recovery may be had
upon a common count and the recovery
measured by the contract price
1921. Thomas VS.. Hawkins. Marion s.
c. Petition for rehearing overruled.
Superior Court.
Room 2-Hezekiah Daley, Judge pro tenn.
Matte Coleman W.. Abraham Coleman;
divorce Decree granted plaintiff, with
restoration OF maiden name.
In the case OF Citizens Street-railroad
Company VS.. Mary Slueter. the court grant
ed temporary restraining order TO Monday,
2lst inst, at 10 O'Clock a. IN.
Natalia Nathan VS.. Tina Rusk; damages.
On trial by court.
Room S-Pliny w. Bartholomew. Judge.
John A. Shepherd VS.. Cumberland Chair
Company; receiver. Hearing on claims.
Jerry Sheehan VS.. III. r.. Bond: levy lien,
Dismissed and costs paid.
Criminal Court.
Frank McCray. Judge.
State Va. Harry Jones; murder. W. y
Harding appointed 10 defend as poor per-
son.
State VS.. Don Helmick; forgery. Plea OF
not guilty.
State VS.. James Solenberg: grand larceny,
Plea Of guilty. Case under advIsement.
State Va. George bernard: grand larceny
and burglary. Plea OF not guilty.
State VS.. Albert Hunter: uttering forged
check. Plea OF guilty.
state vs.. Frank smock; grand larceny.
Plea OF not guilty.
State vs.. Isaac Reynolds. Robert Parker