The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-16

CURED to plead causes OF action and not
or defense. their snfficiency may be raised
for the first time in this court. 2. A vice
president or bank Is not entitled to any
compensation for performing the ordinary
duties OF his Office unless the governing
statute or some bylaw or contract TO which
ms own vote was not essential had given 1t
10 him. 3. Under the statute any matter
which is pleaded as counter claim must
either arise out OF or be connected with the
contract or transaction set forth in the
plaintins complaint. 4. On pleading a rati-
hcatlon or contract by corporation is
required TO plead such facts as may dis
existing contract and an action upon that
knowledge by others than the very officers
whose contract Ii Is.
lIss4. krenzer VS.. F. C.. c. St l.
firmed. Howard, IA boy seven and one
half years old. possessed of ordinary in
teingence and average strength and activity.
viii be guilty of contributory negligence in
sitting upon the rail OF railway track.
and lying down TO sleep with his leg across
the rail whereby II is cut off by train
l7756. Goff VS.. Hedgcock Tippecanoe S.
c. Affirmed. Monks J.-Where a mortgage
given TO secure the mortgages from loss by
reason or their having become surety Tor
'the mortgageors will pay the sums Sc
cured, and II such obligations are not paid
when due the mortgages, without having
first paid the same, can maintain an acton
for the foreclosure of such mortgage and
recover as damages a compensation for the
total probable loss, and where part of the
mortgages by agreement. take charge of
some of the property and render services in
taking care of and selling the same they
WIN De entitled to q reasonable compensa-
1755S. Loucheim VS.. seeley. Huntington c.
G. Dismissed. McCabe, i'll. Where a
Of the appeal. appearances Will I be Considered
entered and process waived, g Amend
ments Of the assignment of errors cannot be
made after the cause Is submitted,s except
upon notice and leave applied for in writing.
nor will leave be granted unless IL appears
that due care and diligence were exercised
in the first instance to make the assignment
complete.
1887. Quicken VS.. Bowen. Carroll c. c.
Protest reinstated. 80 iei'Hs-
1772s. Denney VS.. Basler. Sullivan c. G.
1884. Fesler VS.. Brayton. Marion s. G.
Motion to reverse and dismiss deferred until
finai, hearing. Cause set for oral argument
Appellate Court.
1881. Horne VS.. Refrigerating Company.
Grant c. c. Affirmed. Davis, 1.-THE fact
that there is some evidence sustaining the
appellants theory will not be sufficient TO
reverse the judgment of the trial court
1886. Insurance Company vs. Leroy. Madi-
son G. c. Affirmed. Reinhard, il. After
a question has been asked and answered
same stricken from the record. 2. Affidavits
in support of newly discovered evidence
must be brought into the record by bill
of exceptions or order of court.
1861 Wilson VS.. Evers. Delaware c. C.
Affirmed Ross, J.-Where a person is in
tured while operating machine. in an ac-
ton for damages for the injury, general
verdict which gives the plaintiff damages
will be controlled by the answers to in
terrogatories when they establish the fact
plaintiff had assisted in it's operation a num-
Der of times and was familiar with its opera
ton and that operating the machine was In
the line Of her employment.
1902. Brewer VS.. Ream- Miami G. c. Pc
tition for rehearing overruled.
1879. Jenkins VS.. Fisher. Hamilton c. c..
Petition for rehearing overruled.
Superior Court.
Room John L. McMaster. Judge
william H. H. Childs VS.. Adolph Seilken.
Dismissed
Plymouth Saving and Loan Association VS..
Mary MeAd is, ct "a al q, foreclosure Juds-
Charles B. lockwood VS.. John Owen ct al;
mechanics lien. On trial by court.
Room 2-Lawson NJ. Harvey, Judge.
John w. Lee VS.. c.. H. & 1. Railroad Com
ct in fauar Of pIant four $50
Anna Schwab VS.. Metropolitan Life Insur-
ance Company; suit on policy. Finding for
defendant. Judgment against plaintin for
costs.
The Crosby Beckley Company VS.. Charles
n. Kellogg ct al; notes. Judgment against
defendants for s., 1851 and costs.
Samuel Tomlnson Us. George Bigler ct al:
damages. On trial By jury.
Room 3-Pliny w. Bartholomew. Judge.
f. Bement & Sons VS.. ]. A Everitt Seed
Company; account. On trial by jury.
Henry I. Noting VS.. John Bradley ct al;
street lien. Finding there is due plaintiff
$685..
Philander H Boyd ct al. VS.. ]. w.
Northam ct al. Finding and judgment
against Northam for sS2.3l
German Fire Insurance Company of Indi-
ana VS.. John Brester; foreclosure. Dis
missed and costs paid.
4 Hope Rhoads VS.. John Rhoads ct al. par
tition. Dismissed at plaintiffs cost
Circuit Court.
Edgar A. Brown. Judge.
Sophia Peine VS.. estate Of John II. Peine.
Claim for $500 allowed.
New Suits Filed.
Amanda Higgs VS.. Daniel Higgs; divorce.
Superior Court, Room 8.
Phoenix Mutual Life Insurance Company
VS.. Urbine Stackhouse ct al; suit for fore
Minta Brace VS.. Walter Tibbitts suit on
note. Superior Court Room L.
Frank Coon VS.. Moses X. Fatout ct al;
damages. Superior Court, Room /.
Amos Remler VS.. the Brown-Ketcham iron
works; damages. Superior Court, Room 1.
Indiana Bond Company VS.. Joseph Wazulik
ct al; suit to foreclose. Circuit Court.
Daisy Hooks VS.. Andrew Hooks; divorce.
Superior Court, Room 2.
Laura Louise Behning VS.. John W. Brown
ct al; suit to contest will. Circuit Court.
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