The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-28
THE COURT RECORD.
Supreme Court.

1873. National Bank VS.. Dovetail Gear
Monks, 1.-The expression that "propertv
OF a corporation constitutes "A trust fund
Tor its creditors only means that when
or equity has taken possession of its as
sets for administration, such assets must
De appropriated to the payment of it's
deDts Defore distribution to it's stockholders,
but as between the corporation itself and
It's creditors the corporation does not hold
in favor Of the creditors in other sense
than does an individual debtor. 2. While
partnership ef assets remain under the con-
though insolvent, to appropriate any por-
debts of the members of the frm to the
exclusion of the partnership creditors. 3.
An insolvent debtor has the right and
power to prefer certain creditors to the
e enGiusion of others. T. When a special
fact it will be presumed that such fact
was found against the appellant.
1IS5. Mullen VS.. Hawkins. Grant c. c.
of covenants of warranty or for title or
proof of fraud, a failure of title is no de-
tense to an action for the purchase money
tarily and without fraud or deception en-
tiers into a contract and receives all he
ground of inadequacy or want of considera-
ton.
1852. Ellis VS.. The State. Cass c. c.
Affirmed. Howard J.-Defects that are
fatal on demurrer or motion to quash are
not available on motion in arrest of judg-
m i7sss. s Pcrte aef Ss' C afS e of Tip by ver Tieton
C. c. Affirmed. Hackney. 1.-THE acts OF
the General Assembly, approved March s.
to the contractors for the Contract price
of the improvement does not throw the
liability upon the city in personam; The
when it has sold bonds, collected assess
ments or otherwise realized the amounts
owing from the property benefited, and the
contractors hQua hQOn maid
E412. Davis VS.. Davis. Lagrange c. c.
Affirmed. Jordan, il. 1t is in the power
to the wife. during the progress of the
cause, by which the wife seeks a divorce
from her husband, such sums of money
necessary for her defense, and the court
will be justified. upon the proper showing,
in making additional allowances. 2. When
proceedings are. in fireri If the. court is
satisfied, from the facts shown, that il has
Inadvertently rendered its final judgment
it has full power to vacate the same. 3.
The words, pending a petition for a di-
be construed to mean that period of time
intervening between the commencement of
the action and the rendition Of the final
Judgment of the lower court.
1921. Midland Railway Company VS..
Galley. Fountain &C. Petition for a re-
fact that title is an incident to An action
does not give the losing party a new trial
as of right. 2. A new trial as of right, will
not be awarded in actions to recover dam
in real estate.
1886. Jones VS.. Cullom. Marion S. c.
Appellees petition for a rehearing.
1890. Holt VS.. Rockhill. Huntington G..
C. Motion to reinstate case overruled.
1750S. Winchester Il. T.. Company VS..
Veal. Randolph c. c.. Motion to advance
overruled.
1861. Carey VS.. Gundelfnger. Marion c..
c.. Transferred to Appellate Court.
1876. C. & ;. +. Railway Company VS..
Galley. Fountain c. C. Petition for re-
hearing overruled.
i7252. Small VS.. Davis. Dearborn c. c.
|. Transferred to Appellate Court.