The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-22
H COURT RECORD.
Court.

1865. O'Kane VS.. Terrell. Warren c. C.
Afnrmed. Howard. il. A note and mort
accepted for the fraudulent purpose OF
cheating pre-existing creditors, cannot be
foreclossd. 2 Where all the parties to a
law Will leave them where 1t finds them.
1873. Board of Commissioners VS.. Hea-
ton. Huntington c. C. Petition for rehear-
ton 1880 r. s., 1894, when the Board of
commissioners examined and allowed the
claims OF the county, auditor, in addition to
trative capacity, and not as a court. and
while the order of the board might be
termed quasi judicial, yet it did not attain
Where the Board of Commissioners unlaw-
fully allow a claim they act beyond the
scope of their authority, and the county
cannot be bound by such action. but 1t may
recover the allowance by a suit at law.
l1l6l. Sherry VS.. The State. Wells c.. c.
PETITION This for co reae SstI giuT 1yerrrlsd, ~ MeC z
by the record only, and by the record II
must try such appeals. 2. When. facts
being while in the commission of an unlaw-
full act IL constitutes involuntary man
slaughter. 3. Pointing a. revolver at an
otner IS an unlawful act, as provided by
1850. :Aydelott VS.. Ceilings. Parke c. c.
Affirmed. Monks, III: When 1t is as-
have been sustained the demurrer must be
shown in the record. 2. Where the orig!
nal complaint was amended by leave OF
court he ~amended complaint must be cop
led In the record. and the demurrer thereto
must ais be shown.
1868. Hamilton VS.. Love. vigo S. c.
Reversed. Hackney, c. il. Where a SER
want has been discharged without cause
before the expiration of the contract period
or service his remedy Is not in assumpsit,
contract of employment, and In order to
consider the sum he might have earned
plaintiff plain S'd IS required e9 u to toy p Hae d anS estaol nss
a prima facie case, I'm response to which
the defendant must establish the fact that
the plaintiff has or could have earned wages
after his discharge, for 1. is the DISCHARGED
servants duty TO seek other employment,
and, as far as he may, lessen the damages
unable to get employment mis- damages arc
fixed at the contract price OF the labor nc
expiration OF the contract term ne Is Inn
tied. in his recovery to the time when the
trial takes place.
C. c. Publication of notice to nonresident.
ordered.
l5sss; BEs WOO ' vs.. c y,S G.; E; 8 ST. L
residents ordered.
1900. Dunn VS.. Dunn. Posey c. c. Dis
missed.
Appellate Court.
1906. L. z. & w. r.. II. Co. va. Han.
cock. Howard c. c. Reversed. Relnhard
i'll. An averment of the existence OF an
sSai ,5S sa Is all m that ns Is reau sr,S,,d IL Q, ord {,
$500 aN1 N&0att A1ANN ~ -
admitted In evidence. 2 In an action fol
damages. unless the facts alleged SHOW
afiirmatively that the plaintiff was free
from fault, IL must contain the genera
averment that he received the injury with
out any fault on his part.
1907. Clifford w. Hess. White c. G.. AZ
frmed. Ross, Ill. Evidence will not D,
examined and considered unless IL has beer
made q part OF the record by a proper bill
OF exceptions. 3 Where there IL any rea
sonable amount OF evidence TO sustain tn
verdict a reversal Will not be ordered.
1863. Manufacturing Co. VS.. Kesler. Full
ton c.. c. Affirmed. Davis, J.-When spe
cinc facts are stated I'm the verdict clearl,
enabling the court to fix the amount OF tn
recovery. appropriate Judgment may b
entered thereon. :. In a Joint assignment
OF error all must be erroneous or the as
sIgnment will not avail.
1869. Cluggish vs.. Rooms. Henry {. c
Appelle petitions for rehearing.
Superior Court.
Room 1-John l.. McMaster. Judge.
BENJAMIN Richcreek Va. Mehring j. John
son; bonds. Dismissed and costs paid.
Thomas #. Soulhie Va. John s.. Thurman
note. Judgment for plaintiff. for $14i-D-
Henry Vest W.. Elsa Keller; lien. o
trial by court.
Room 2-Lawsor NJ. Harvey. Judge.
: ndian PAVING Brick GO. W. W. A. Va