The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-09-25
THE COURT RECORD.
Supreme Court.

1770O. Hoffman vs.. Henderson. Fulton C.
c. Affirmed. Jordan il. In an action to
fraud, the complaint showing that no ac-
tual consideration was paid by the grantee,
who was. the wife OF the grantor, and that
the grantee united with the grantor in
the attempt to defraud his creditors, and
accepted the deed with the knowledge of
the fraud, such pleading is sufficient when
attacked in this court for the first time.
2. When an erroneous ruling on motion
is assigned as error it must be embraced in
the bill of exceptions. 3 A motion to notify
a judgment must appear from the record
to have been made after the rendition of
the Judgment. f. Where the grantOr and
grantee unite in q fraudulent design to
defraud the creditors of the former the
conveyance will not be protected although
full consideration was paid by the gran
tee. 5. Evidence of other fraudulent trans
fers at or about the same time of the
transfer in controversy is competent to
prove the fraudulent intent of the debtor.
17703 GRAPHICAL VS. the State. LaPorte c.
c. Affirmed. Monks. c: J.-Aftidavits to
a criminal case can only be brought into
the record by embodying them in bill
1875 Enochs VS. p. c.. C. & St. L. Rail-
way Company. Bartholomew c.. c. At
firmed. McCabe,, il IN an action for
damages caused by a personal injury the
negligence of the defendant must be the
proximate cause of plaintiffs injury. 2 An
act is the proximate cause Of an event
when in the natural order of things ana
under the particular circumstances sur
rounding it, such an act would necessarily
17764 Jenckes VS.. Jenckes Henry G. c.
Reversed in part and affirmed in part.
Howard, il. In order to acquire a me-
chanic's lien upon real estate notice of that
intention must be given to the owner as
REQUIRED by the statute. and when such
notice is given the lien relates back to the
time the work was begun or material fur
nished, but such notice is dispensed with
when the owner of the property Is IN en-
barrassing circumstances and his property
is in the hands of the court or in litigation.
3 Preferred debts may be created suisse
quentiy, but have priority over a mortgage.
be one contemplated by the statute
2 Business men. such as merchants, gro
Gerry men etc, who make payments to Ia
borers employed by the owner of factory
upon the order OF the employer are out
general creditors of the employer, and their
claims may be assigned but they carry no
lien unless a lien has first been perfected
by the employee in whose favor the right 10
a lien exists.
1870 Hendricks VS.. Whiteham. Brown c.
G Petition for rehearing overruled.
1773S Johnson VS.. Williams. Grant c. G.
Motion for rehearing overruled
1871. Grelle. VS.. Wright Fulton c. G.
Petition for rehearing overruled.
Appellate Court.
1851. l. T. Railway Company VS.. Neu-
ing overrued. Reinhard J.-One who is III.
iured at a railroad crossing by Il passing
train is presumed to be guilty of contrib
ufory negligence, but this presumption does
not exist after a general verdict has been
returned by the jury and the same APP
proved by the judgment of the trial court
, When the appellant has the burden to
remove the presumption as to the sutficien-
cv of the evidence he must properly bring
all the evidence before the court, discuss
the point in his brief and do everything
the law pfescrfbes should be done to ac>
eomplish that object. ). The question of