The Indianapolis journal., 1896-03-06
THE COURT RECORD.
Supreme Court.

17207. Mackey VS.. Craig Decatur c. c.
Affirmed. Howard, J.-Where check is
purchase price of land, payable to the order
of another bank. the check properly pre-
ton by the administrator, of the vendors
estate, for a judgment against the vendee
and such Judgment be declared first lien
TO satisfy the judgment, it is sufficient to al
lege that the check is the property Of the
baimihiSers.or' bis dnda' ana 1naI ~ was drawn Tor
1855. Wright VS.. The State Kosciusko c.
vised Statutes 1884, Section 1902 it is not
necessary for the State to disclose In it's
information the reason for not prosecuting
by indictment. 2. This has no power to
pass upon the reasonable doubt of guilt
which depends upon the weighing Of the
1902 Stone Company VS.. Seward. Monroe
c. G. Petition for rehearing overruled
Hackney, c: il. The complaint and the
together as constituting the complaint o.
While the court is not obliged to search
for {, errors r not made manifest BY the record
CURED TO hold a pleading sufficient when 1t
is clearly insufficient. 8. When an error is
cided upon the record and not upon the
argument of counsel. but, when the ques-
on Is not IT argued M ad does N not tho to
discussion of such question.
=. u.
Appellants petition for rehearing.
Appellate Court.
1855. Grand Trunk Railroad Company VS..
Burden LaPorte G. c. Affirmed. Lotz, j.
l. In an action for damages caused by
fire originated ON the right OF way and that
the company negligently permitted it to
to the p:aintiffs lands the eist OF the action
is the negligence In permitting the fire to
escape from the right of way, and if the
pam pany must answer @ ~ feT the damages anne ns DOME Som
2. witness who has actual personal
knowledge OF the property in controversy
is competent to give his opinion as to its
value. basing such opinion upon the facts
to which he has testified.
1877. johnson VS.. Bedwell. Grant c. G.
Affirmed. Ross. i'll. In order for a person
to avail himself of the error OF the court
In refusing to render Judgment In his favor
1t must appear from the record that a
An exception to the conclusions of law
admits the correctness Of the facts found.
tate is is accepted by the the grantee gran @ and md he he
takes possession under 1t he cannot defeat
q payment of the purchase money without
session to the owner of paramount tfitle.
T. Fraud is made a. question Of fact by the
statute: r. s; 1894, Sec. esis; :: When sew
there can be no RECESSION Of the contract
except as to the whole. 6. deed Of con-
viii estop tho sgrantor from asserting an
after acquired title against the imperfect
one conveyed by him to his grantee.
1914 Austin vs. McMains. Montgomery c.
c. Affirmed Gavin. c. il. When a de-
murrer is addressed to an answer as
whole and the same contains general de-
NAL the court shoald overrule the demurrer.
g The sufficiency of an answer cannot
be tested in this court for the first time.
3. In an action by a claimant against an
the burden is on the claimant to show
ownership of the wheat. l.. The mere fact
that s n & not OF iana u s,, snd
a right thereto in the face OF the fact that
the title to the land is in some one else.
Superior Court.
Room 1-John L. McNaster, Judge.
Indianapolis Brewing Company VS. John
John Griffin ct al. VS.. Frank OBrien.
Johnson, j. p. Dismissed for want of
Mary x. III. Moore vs. Henry Beville
ct al. MORTGAGE Dismissed and costs paid
JOSEPH g. Rambo VS.. Indiana Suspender
Company; account Judgment for plaintin
William Ward VS.. American Portrait
Company: note and foreclosure. Judgment
Robert Boyd ct al. vs. oliver f. wilson
ct al: on account and receivers Judgment
for plaintiff for Ss64H.
Room 2-Lawson w. Harvey. Judge.
Andrew Geddings VS.. Edward Austin;
ment against plaintiff for costs.
s. r. Miller VS.. Melissa Ricketts,: ac-
counting and mechanics lien. On trial by
court.
Martin Birx VS.. Frederick Borst: note.
Judgment against defendant for $71a.s3 and
costs.
Charles Schwert ct al VS.. John A.
Thrumnel ct al. street Improvement bond.
Dismissed and costs paid.
Room 3--Pliay NJ. bartholomew. Judge
Anna Turk VS.. City of indianapolis; dam
ages. Judgment by agreement against city
for 500
William j. Hayes ct al. VS.. Nellie F..
Wiles ct al; lien. Dismissed and costs
paid.
thai ct al: damages. Dismissed for want
of prosecution.
Circuit Court.
Edgar A. Brown. Judge.
Amanda Binford VS.. William p. Binford:
suit for divorce On trial by court.
New Suits Filed.
Mary A. Owens VS.. Chadwick Owens; di-
vorce. Superior Court, Room 3.
Bertha NJ. Weir vs.. Robert NJ. Weir ct al !:
suit for support. Superior Court. Room g.
James G.. Barnes Va. Julius A. Lemcke
ct al; suit on account. Superior Court,
Room 2
George T.. Feeney ct AL w. Margaret Nc
Laughlin: suit on account Superior Court,