The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-22
THE COURT
Supreme Court.

1924. Taggsrt VS.. State ex rel. Williams
Marion s. G. Reversed. Howard, J@Ine
acts Of 1891 repealed the acts of 1885 and
1885 relating to the taxing of dogs and
the distribution of the money derived there.
township trustee the custodian of the dog
fund for school purposes ana When prop
erly applied for the county treasurer hiu ero is ire re-,
share of the fund according to the enum-
Grafton of school children in his township.
TIA. Personette VS.. Cronkhite. Marion 5.
G. Affirmed. Jordan. Fraud, whether
actual or constructive, Is a question OF
fact to be established by the evidence in
permitted to indulge In presumptions. of
fraud and therefrom conclusively adjudge,
as a matter OF w 1awi tn fran e 'f IS fonnd to to
exist the court will attribute to it its legal
consequences ns% sris1 as 3. a 4 rI party un Gann after rem imdg1
ment has been rendered upon the finding of
the court or verdict of the jury. H. Where
evidence is conflicting this court will not
attempt to reconcile the conflicting parts.
Appellate Court.
1923. Consumers Gas Company VS.. Hunt
singer. Hancock c. c. Affirmed. Rein,
hard, il. When appraisers are appointed
to assess damages to a land owner the
burden is on the appellant TO show that the
damages were excessive. e. In case an
to be excessive they should not be assessed
upon a trial de novo. but be remanded to
where the result of the appeal is to set
aside the report of the appraisers and to
try, de novo, the question as to the amount
of damages the appraisement is set aside
and the case tried as if none had been
made. 4. A Judgment for damages will
not be reversed when it appears that the
trial court were in possession OF all the
material facts.
1877. Crum VS.. Yundt. Clinton G. G. AT.
firmed. Gavin, il. A misjoinder of
causes of action will not, under the stat
utes, authorize a reversal. 2. If no reply to
and a trial had without one the reply will
be waived and the cause will be treated
as though the answer was denied. 3: Pc,
are those which deny that there ever was
d cause of action. 4. Those which seek a
confession and avoidance must be specially
pleaded.
1471. Martin VS.. Prince. Hamilton C. C.
Affirmed. Davis, THE law will not pre-
sumo that a farm hand who agrees to per-
form services at an agreed price with the
employers and, subsequently, at the request
through sickness and at the same time per-
forming his original contract can recover
no more than for his original contract.
Superior CO1rt.
Room John /. McMaster. Judge.
VIM. r. Mercer VS.. the Consolidated Coal
and Lime Company: contract. Jury returned
verdict for plaintiff for $500.
Columbia nn r, Enca 1nsl,ran miee cco COMPANY. v of
Peoria; on trial by jury.
Charles Schwert ct al. VS.. Mary f.. Farr
costs paid.
Room Lawson NJ. Harvey, Judge.
MAY Schaffner VIZ. Citizens Street-railway
Company; damages. On trial by jury.
Arthur Lee VS.. John Stub ct al: street
Improvement lien. Dismissed and costs
paid.
Room 3-Pliny w. Bartholomew, Judge.
William +. Clark vs.. VIM. II. English
damages. Dismissed at plaintiffs costs.
Circuit Conrt.
Edgar A. Brown. Judge.
Birdie Steinhauer VS.. Bennett Barnett;
slander. Jury returned verdict in favor of
defendant.
city of indianapolis vs. Chas. Aisenby:
appeal from city court. Dismissed and
costs paid.
Walter =. Hubbard. assignee, VS.. VIM.
Long; to set aside preference. Dismissed
at plaintiffs costs.
George Seibert VS.. Helen Bennett. Dis
missed and costs paid.
George Seibert VS.. Henry Bennett. Dis
missed and costs paid.
George Seibert VS.. Henry Bennett, eX-
ecutor. Dismissed and costs paid.
New Suits Filed.
James w. Gilliland VS.. Jennie b.. Car
roll ct al; suit to foreclose lien. Superior
Court. Room g..
William 3. Shelby VS.. Jennie b.. Car
roll; suit to foreclose lien. Superior Court,
Room /.
Edgar w. Poe VS.. Inez NJ. Poe; suit for
divorce. Superior Court, Room =
Barbara Reinkin ct al. vs.. w. Riley Hart;
suit on note. Superior Court. Room 3.