The Indianapolis journal., 1896-01-29

cause have been tried and a correct result
reached this court will disregard any inter-
yening errors which may have occurred In
giving and refusing Instructions. 2. Where
Ii is sought 10 set aside a debt for being
contracted through fraud or duress it is
proper for the defendant to introduce evi-
dence showing that the plaintiff had ad-
mitted the business of the debt and that
he intended to pay the same.
l131s. Town of Troy VS.. Eble. Spencer
c. c. Affirmed. NcCabe, J-This court will
not reverse a judgment on the evidence
alone where there is evidence TO sustain
the judgment of the lower court, though 1t
may be controverted by other evidence.
175f2. Johnson VS.. Anderson. LaPorte c.
c. Reversed. Monks, J.-1. The question
Of the public utility of the proposed change
of the location Of a highway Is one Of fact
for the jury TO determine from the evidence;
and 1t Is error 70 permit witness to give
MS opinion as to the public utility of the
proposed change. 2. Evidence that was in
competent and directed TO the point in is
sue will be presumed TO be prejudicial, un-
less the record shows the contrary.
ll9s5; Wilson VS.. Talley Jackson c. c.
1870. Atkinson VS.. Wabash Railway Com
pany. Miami c. c. Petition for rehearing
overruled.
17340. Eel River Railway Company VS..
Kistler. Fulton c. c. Clerk directed to re-
call certified copy of opinion and appellant
directed to give notice 10 appellee of their
objections, such objections being treated as
a motion to recall the opinion and deny
appellants motion.
17tO5. Bowen VS.. Hester. Putnam c. c.
1905. c.. H. & |. Railway Company VS..
Duncan. Shelby c. c. Petition for rehear-
ing overruled.
c. Petition for rehearing overruled.
1850. Waydelott VS.. Ceilings. Park C..
c. Motion to dismiss overruled for reasons
to be given on final decision of cause.
Appellate Court.
1890. Counsel of Benevolent Legion VS..
- in rt nd
yersed in part. Gavin, c. il. Service upon
the president and other officers of a cor
poration is sufficient to give the court jur-
isdiction. 2 Where a joint assignment of
error was bad as to one 1t is bad as to all.
j. A party who does not join in an appeal
bond cannot be held liable thereon. A..
there is nothing upon which Section 1895.
r. S. 1894, can operate. 5. In an action on
an appeal bond ii is error TO introduce evil
dence concerning a fact that was deter
mined at the original trial., for so long as
that judgment, properly rendered. stands
unmodified it's validity cannot be attacked
1474. Meyers VS.. Insurance Company
Lake c. c. Affirmed. Reinhard. J.-When
the evidence material to the determination
of the cause consists in a letter, which was
not copied in the bill of exceptions, such
omission will preclude the consideration of
the question attempted to be presented,
unless il affirmatively appear that the letter
is not necessary to the determination OF the
cause.
1919 Wyatt VS.. Brown. Carroll G.. c. Af-
firmed. Davis, il. Fraud is a question Of
party endeavors to rescind contract and
RECEIVERS property parted with, he should
offer to return the property received in the
transaction.
1917. Cicero Township VS.. Falconberg.
Howard c. c. Petition for rehearing over
1880 Insurance Company VS.. strout. Law
renee c. c. Petition for writ of GER
tiorari granted
1869. Hopper VS.. Chaplin: Jay c. c. Mo-
tion to set aside submission and issue no.
tice to appellee granted. <.a
Superior Court.
Room 1-Jno. l.. McMaster. Judge.
Lena Beharrell VS.. The Commercial TRAY
elers' Association of Indiana; policy. On
trial by jury.
Room 2-Lawson VI Harvey, Judge.
James E. Nichols ct al. VS.. George Kreit-
lein; account. Judgment by agreement for
$3.50 "a and costs.
Equitable State Building and Loan Asso-
SiaisGn Sudgmen vs. for nes[ St s and coss FOre
closure and sale ordered
Irwin Schaffer VS.. Louisa Lentz: me-
chanic's lien. Judgment against the de-
fendant for $3.50 and costs.
William Gambold VS.. Frank Darlington
and the p, c., c. & st. l.. railroad; DAM
ages On trial by jury.
Room 3-Pliny w. Bartholomew, Judge.
Edward Gauspohl VS. John Gutknecht
ct al; quieting title. On trial by jury
Leander A Fulmer ct al. VS.. Samuel
Aydelott: improvement lien. Dismissed and
costs paid.
Circuit Court.
Edgar A. Brown. Judge.
Frederick A. loss. Guardian. vs. Sarah E.
Newcomer ct al; TO cancel mortgage. On
trial by court.
New Suits Flied.
James L. Barnett VS.. Eli King ct al; suit
on note. Superior Court, Room 3.
Jerry Sheehan ct al. VS.. James Bogert
sewer assessment. Superior Court, Room /.
Jerry Sheehan ct al. VS.. Aaron K. Carroll
ct al. sewer assessment. Superior Court.
Room 2
Jerry Sheehan ct al. VS.. William a. Scott
ct al; sewer assessment Superior Court,
Room 2.
Jerry Sheehan ct al. VS.. James r. Nor
Court. Room 1.
John J. Johnson VS.. Board of Trustees OF
the Hillside-avenue VI. e. Church ct al.
suit to foreclose mechanics lien. Superior
Court, Room 2.
John W. Murphy ct al. VS.. Frank II. john
son; suit on note. Superior Court, Room /.
Francis NJ Hill VS.. Anna s. Hill; divorce.
Superior Court, Room 2.
George w. Stout vs.. William L. Ramey;
suit on account Circuit Court.
Albert f. Buchanan VS.. The Citizens
Street-railroad Company; suit for damages.
Superior Court, Room 3.
Charles Il. Kirland VS.. Frank z. Creel-
man ct AL; damages. Superior Court,
Room ;.
Jerry Sheeha1 ct al. VS.. William F. Flagg;
sewer assessment. Superior Court Room 3.
Warren r. Sloan ct al. VS.. Mary +. Sloan
ct al; suit to set aside deed. Circuit Court.