The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-27
THE COURT RECORD.
Appellate Court.

RkCAhAtC SOuTts
1924. Bryant VS.. Stout. Clinton c. c. AZ
hrmet. Davis, Z. i'll. The liability OF the
obligies on the same bond accrues al the
same time and arises from one and the same
and the same action. 2. When an employer
requires his employe 10 give a bond as a
guaranty, notice is net required 20 be given
Dy the employer to the bondsmen that the
bond is accepted.
1919. Bush VS.. Barkman. jackson C.. c.
Afhrmed- Ross. J.-Where. tie finding OF
Was filed with the clerk after the expiration
or said term and during vacation, the find
ing becomes effective at the next succeeding
1856. Breckenridge VS.. Parrot. Wells c.
G. Affirmed. Davis. c. Jan assignee CT a
lease OF real estate accepts the lease with
same as the original lessee.
20oI. Swindler VS.. Leak. Warren c.. c.
reversed Gavin. c. Ill. Appeals from
tractors bonds are governed by Section 645.
X. :. 1884. 2. Sureties on the bond OF a con-
tractor building a gravel road are liable for
the DEBTS or a subc0ntractor.
l6S2. Stewart VS.. Long. Upton c. c. AZ
frmed- Lotz. IA mortgage OF chattsls,
who takes possession OF the chatte.s upon the
broken creditors of the mortgage. is bound
to account TO the mortgageor. or a junior
mortgage, for the excess after satisfying
his own debt 2. Where goods have been
bringing suit.
1895. Aman VS.. Mottwelier. vanderburg
s. Affirmed Ross i'm an attachment
suit where the sheriff does not remove the
goods. but levies on them and places a rep
resenrative in charge of them, such levy is
possession contemplated by Law.
Decatur c. c. Affirmed. Davis. C. y.-Wrhere
the county auditor, eighteen months before
the election, ordered stationary OF plaintiff.
nishing the same, the county commissioners
entered INTO a contract with another person,
who furnished such articles. and the plaintiff
notified 0f that fart ha "a nnnf rapaVar on hfo
contract, when the commissioners had 10
knowledge OF its existence.
l'oa Machine Works VS.. Meyer. Madison G.
7. Reversed. Lotz, i'll. Wien a com
paint is susceptible of two theories. and the
case Is tried on one OF them. X must be suf-
nciert, as the one on which the case is tried.
z In an action for damages, resulting from
fraud having been practiced upon the plant
IN by the defendant in the sale of machin-
cry. 1t must be shown that the plaintiff was
anime the machinery for himself. 8. If a
machine would do the work which Ii Is rep
resented TO 60 1t matters not how much it
hSd Dsen used previous to the sale.
1Ii6. Huff0rd W.. Nehr. Carroll c. c. Re
varsed. Reinhard. il When the decendent
had lived with each OF his children and there
had been no charge for services rendered in
his behalf such evidence is competent, tend
ing TO prove the nonexistence of the agree
ment sued on by one of the children, whereby
ne seeks for compensation for keeping and
caring for Gecendent in his last illness. 2.
An agreement made by a party when he is
in a weak condition Of mind will not change
one made previous thereto when all the par
ties were OF sound mind.
1fSH Galloway We. Mellett. Grant c. c.
Affirmed. Ross. il The face Of a ticket
OF the passengers right to vote. 2. Where
a person applied TO a ticket agent for a
' Iranasc co,n,I ticket ard vas given an un,
of which had Expired, but is assured by the
agent that 1t will be all right. and on such
assurance seeks passage on the train and is
erected Dv tire P0ndnrf0r on account Of tho
ticket being insufficient, the company will be
liable for punitive damages.
Affirmed. Reinhard, "A mechanic lien
has priority over a mortgage, placed upon
the real estate prior TO the Improvement 10
the extent OF the Improvement thereon. and
such priority extends only to the improve
men, andfnct to the real estate.
ISss; Lane vs. Mayer. Boone G. C. AT.
nrmed. Lotz, J.-Where al instrument Of
guaranty is given it's maker is not entitled
to notice of its acceptance before it can be
1879. l.. N. A. & C. r. r. Co. VS.. South
wick: Newton c. c. Reversed. Reinhard.
J.--Where a brakeman and conductor are
unloading freight from a defective car and
such defects are known to each and the
brakeman Is injured by the conductor step
ping through a hole In the car, causing him
to let 60 the weight he was assisting the
ths brakeman. such injury was caused by
the fellow-servant and the company Will not
be held responsible for the injury.
> <hOtiAStS. oid(hlOfu -.
c. Affirmed. Gavin, il When a person
leases land and subsequently assigns the
lease the obligations of the assignee are not
postponed until actual entry by the assignee
upon the land. 2. Where an assignment of
error is made jointly 1t must be sufficient as
to all who join therein or 1t will be good as
TO none.
1919. B.. & o. r. r. Co. VS.. Countryman.
Deka1b &. G. Affirmed. Gavin, jim order
TO present any question upon the ruling Of
the court en- a motion TO make the COM
paint more specific Ii must be brought into
the record by bill of exceptions. And If time
for fling the same Is extended beyond the
term such fact must be shown by the record
regardless of the BID. 2. An assignee of real
property can maintain a cause OF action for
damage for damages to the same while Il
vas in the hands of his assignoT. 3. A rail-
road company is liable for damages caused
by allowing. fire to escape from its right Of
way. f. Where the assignment OF error
charges that the court erred in giving in
structions. one 10 revise all the Instructions
must be bad or the assignment will fail.
1131: Morrow We. Greeting. Howard c. c..
Petition for rehearing overruied.
1859. Henry VS.. Loatz. Henry c. c.
Transferred TO S. c.
Supreme Court.
1909 C4..o~ 80 Csk--- ox-~-4 Ill.,