The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-16
THE COURT
Supreme Court.

171SS. Frank, Auditor, VS.. State ex rel
Commissioners. Blackford C. c. Reversed.
Monks, il. The court in trying a Grim
inal cause on change of venue should set
tie and determine the number of lays the
jurors and judges were engaged in such
trial and the expenses connected there
with, and the allowance by the court does
not conclusively determine the rights of
the persons affected thereby, but the sums
allowed will be presumed to be correct.
2. When a person under the law is enti-
tied to some allowance the sums settled
facie evidence of the correctness of this
amount, but when the person in whose
favor such allowance is made is not under
the law entitled to either fees, charges or
expenses such allowance is void.
1907. Poison vs.. Poison. Allen S. c.. At
irmed. Howard, jim the construction
Of a pleading for the purpose it effects its
17iss; Clapp IS. Hadley, Noble 9. G. Re
cate of purchase under a junior lien is a
lienor with the Judgment under which he
purchased as the basis of his lien. and
must surrender priority to the senior de-
the junior decree is entitled to the surplus
after satisfying the senior decree.
Appellate Court.
122S. Hadley VS.. Hobbs. Upton c.. C.
Affirmed. Reinhard, all persons being
in interest in the subject of the actions
must be Joined as plaintiffs to Withstand
10oS. Consumers Gas Company VS.. Hunt
niger. Hancock c. C. Affirmed. Ross, c. j.
II. Inc OWNER OF ldIu dDultl0S on a puD-
lie highway is the owner of the fee to the
middle of such highway, and the right of
the public is simply an easement affording
a passage over and along the same. 2. The
building of a pipe line along a highway
does not come within the uses for
which highways were intended, but such
ers and Board of Commissioners
1895. KILLER, Administrator; VS.. Potter.
Upton c. G.. Reversed. Gavin, 1.-THE
statutes disqualify a claimant in such SUITS
against estates from testifylng as to mat
ter occurring I during the lifetime Of the
ness shall on behalf of the executor or adj
m.nistrator, or heirs, testify to any CONVEX
sation or admission of the party to the
suit as having been made in the absence
of the deceased.
1923; /, y; 4. & c; RAILWAY Company
ton for a rehearing.
Superior Court.
Room John L.. McMaster, Judge.
George Findlay VS.. Citizens Street-Rail-
way Company: q 2mages. Jury returned ver-
Mark A. Smith VS.. Andrew j. Reed; notes.
Judgment on verdict for plaintiff for $244.9S
sReber H. Kyle VS.. Conrad III. Shellhouse
ct al; account. Judgment on verdict for de-
q Otis c. Ham VS.. John B. Ham; partition.
On trial by court.
Room 2-L. NJ. Harvey, Judge.
Ellen Leary VS.. William Glass; ejectment.
On trial by jury.
on motion of John l.. Griffith Charles v.
Roemler was admitted to practice at the
bar.
Mary Pullman VS.. John w. Pullman; COM
plant for support. Dismissed; costs paid.
Room 3-Pliny w. Bartholomew, Judge.
Louis Baum VS.. David Earheart; foreclos-
ure Of chattei mortgage. Finding for plain
tiff S240. IS.
New Suits Filed.
Walter NJ. Shaffer vs.. James Rounds ct
al; suit to foreclose. Superior Court, room
5.
Isabel Moore VS.. James II. Moore; suit for
divorce. Superior Court, room ,.