The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-09
THE COURT RECORD.
Supreme Court.

1900. Richwine VS.. Jones III, Hamilton G;
{: Affirmed. Howard 1.-THE Quantity nda
sarily control. Quantity will give way to
boundary lines, and boundary lines them
monuments.
17Ol4. Nation. vs. Stephens. Vigo c. c.
serts a title through a tax sale and deed
takes upon himself the burden of show
ing that every step. required by law to be
alton to the delivery of the deed
1885. Weodward vs. Mitchell r,rr Morgan IN
overruling demurrers to pleadings, where
there is a special finding or special YER
dict, not material. as a correct state
facts found would correct the. errors, if
any there had been committed in the rul-
decree in an action to quiet title is. to free
the land from all claims Of the defendant,
all conflicting claims to the land.
Appellate Court.
1899. Burke VS.. Gardner. Knox C. C.
Reversed. Lott. 1.-THE general verdict
pe a Sas e f Hness speedily It are
reconcilably in conflict with it.
12 err Ii N orange A 6 Eail Arm eSmpf pa
Wis, il. A bill of exceptions filed in a
vacation order book should be the same in
form and 1os as is made Rnng when b the
properly constitute causes for new trial
cannot be Independently assigned as err
14H Goff VS.. Hanlxins. Blackford c. c.
Affirmed. Gavin. 1.-THE provision in the
shall not enter into any contract of surety
ship, whether as indorser, guarantcr or in
any other manner" has reference s, to per-
1858. Shipman Coal, etc., Company VS..
Plieffer. Fountain c. c.. Reversed Rein
hard, il. Authority which will tend to
defeat the plaintiffs claim of title or the
right of possession in replevin may be
given in evidence under the general denial.
Where pOrnOratiOn SuDPrCedeS
other assuming all it's liabilities and sue
ceeding to it's rights and privileges, a judg-
poration would bind the personal property
of the new, but where there is no evidence
under such a Judgment in execution is
void.
Motions, ETC., in Supreme Court
1896. Carger VS.. Fee ct al , Huntington H
re i3sSs. Rhodes vs. l. Z. & W. Railway
tition to dismiss sustained.
1913. lie Coil VS.. Landon. Clay c. c.
Appellants motion to strike out pretended
assignment of cross-errors sustained and
cross-errors stricken out.
1879. Phillips, Administrators. VS.. First
National Bank Clay c. c. Appeliees petit
ton for a rehearing-
Motions, etc. in Appellate Court
1909 Parker VS.. State. Marion c. c. APP
| peal dismissed
| Spaulding. Ohio c. C. Remitter.
Superior Court.
| Room John L. McAIaster, Judge.
| Perry Mason Shoe Company VS.. Arthur
| ]. Brooks; on note. Judgment for plaintiff
| for $7s5.
| Robert H. Kyle VS. Conrad II. Shellhouse
4 eft al; account. On trial by court.
| Room FL. NJ Harvey, Judge.
| N F. Dalton VS.. Jacob j. Stienretz et
| al; mechanics lien. Defendants defaultee
| judgment for $3.50. Foreclosure and sale
julius C. Mitchell VS.. Pennsylvania Com
pany; damages Defendant defaulted-
Room S-Pliny w. Bartholomew, Judge.
| James Coombs VS.. c., c., c. G. St L.
damages. On trial by jury
! Charles Schreckengost VS.. Isabella Mer
| rill; mechanics lien. Judgment for $50
| Decree of foreclosure and sale ordered.
Charles Schultze vs.. Isabella Merrill; me
James Parsons VS.. Harry E. Drew; note
Judgment for se,477.67
VIM. Iron VS.. Eliza S. Yohn. Admins
tratrix. Dismissed and costs paid.
Martin Connaroe vs.. Thomas Carpenter
mortgage. Judgment for 1867.
Dora Kitchens VS.. Robert Kitchens; di
| vorce. Dismissed at PLAINTIFFS costs
New Suits Filed.
| John B. Stumph VS.. Charles Wonnell e
| al. Superior Court, Room. !.
| Equitable Savings and Loan Association
VS.. William Koning; suit to foreclose. Su
| Charles Iinebock ct al. VS.. Howard Cal
trider ct al; suit on bond. Superior Court
Mamie Collins ct al VS. Alexander NJ
Johnson ct al; suit for damages Superio
Hemingway Glass Company VS.. John t
Morris ct al. suit on Judgment. Superio
Court. Room 5.
Mary PulIiam VS. John w. Pulliam; sui
for support; Superior Court, Room 2
Company ct al; suit on contract. Superb
Court Room 3