The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-09-23


s:ruction of drains by proceedings institut-
ed under the provisions of said section, 1t
Is unconstitutional and void.
1875. Massey VS.. Dunlap. Gibson Z. Z.
reversed. Jordan, il. When Gn appllca-
ton is made to obtain a license to stH in
toXicating liquors within the boundaries or
an incorporated city 1t must be for the
privilege to conduct sucn bushes; II sorie
particular ward Of that ItJ. In SUCH
case it is only the legal yorcrs residing
within that particular ward who ara au-
thorized TO join in the remonst:ance aG&;rst
the granting of the license TO the S.ppnt ant,
ana majority OF such voters VIII ce1eat
the application, but where the application
is made for a license TO sell such liquors
at some designated place IN toNbshlp,
which place is beyond the city limits, then
1t requires that a majority of the legal
voters of such township residing anywhere
therein shall demonstrate in order TO defeat
such application. 2. Where persons exer-
else right under statute they must
3. II a Governor has been elected at the last
election preceding the filing of a remon-
to obtain a license to sell liquors at point
in any township beyond the limits of
city therein the majority of the voters of
that township shall be determined by the
whole number of votes cast by the electors
of that township for the candidates for
Governor at said preceding election, but IN
the event Governor has not been elected
at said election, then the majority of the
voters shall be determined by the aggre-
gate vote cast in the township for Score
tary of State, but if the application for IL
cense is for the purpose OF selling in an in
ward for Mayor must be the standard from
which a majority of the voters are ascer-
tanned, but if the Mayor not elected
at said last election, then the aggregate
vote cast for councilman must be such
1888 Lynn vs. Allen Marion S. c. At
firmed. Howard J.-When the special pur>
pose of a newspaper is to give the news of
the courts and to circulate this news gen.
orally among all those who, whether of the
legal profession or not, may be interested
in such proceedings, such paper is one of
1i1ac nj
the statute
1861. Taggart VS.. Claypool. Marion C.
c. Motion to dismiss sustained.
17773 Vondermark vs.. Wilkinson. Allen
C. c. Decision of motion to dismiss post
poned until final hearing.
1854. Linder VS.. Linder. Marion >. G.
1880 Citizens street-railroad Company
VS.. De Bolt. Putnam c. c. Dismissed.
C. c. Transferred to Appellate. Court.
1881. Darnell vs. Keller; Marion S. c.
1910. Davidson VS.. Miller. Tippecanoe
S. c. Petition for renearing overruled UNI
Appellate Court.
1856. Conner VS.. Canter. Floyd G. G.
Affirmed. Lott, IA contract by candi-
whereby he agrees to appoint said other
person his deputy provided he himself is
elected. is void as against public policy:
Affirmed. Ross, il. If banker knows
the custom of his customers in drawing
checks he has d rlSnC 10 assume lfidC Ill
checks drawn in that manner are genuine
when nothing appears to the contrary
q If one person. by his own negligence, in,
duces another to pay out money for him
he should reimburse the payer for the
amount paid out.
2l67 Van VaIkenburgh VS.. Dean. Madi-
son c. c. Affirmed. Reinhard il: When
the court finds facts contrary to the evil
dence the remedy is afforded by motion
for a new trial, and not by motion to strike
out parts Of special finding. 2. The sigma
ture of the judge after the conclusions of
special findings of fact. 8. A person who
induces another to buy his business from
him upon the understanding that he the
seller) Will abandon, the business in that
locality is liable for damages on the breach
of the contract when he Immediately re-
engages in that same business.
22S1. L. E. & w. Railroad Company VS.
City of Nobesvile. Clinton c. c. Affirmed
Gavin, il: The right of cities to regulate
Or. S. 1894, Sec. 2541.) 2 In an action by
city against a railroad for violation of an
necessary that copy of the ordinance be
set forth in the complaint; it is sufhciens
to recite the number of the section and tho
time the ordinance was adopted; and 1T Is
not necessary to prove the publication or
the ordinance unless it is denied by affi-
davit.
1908 Pope VS.. Rooney. Whitley c. C.
Reversed. Davis, c. J.-When an agent sells
properly upon the Go no In eacind the the
contract and have the purchase money re-
turned to him, and the buyer so rescinds.
when the conditional sale was not author
lied by his principal.
=, 2Olo: Leschen VS.: Guy ~ paVless =. y
2048. Goodwin VS.. Board of Commission
ers. Warren c. c. Transferred to Supreme
Court.
Room John L. McMaster Judge.
VIM. Wishard VS.. Ardell Sawyer; eject
ment. jury found for plaintiff; "a ranars
SPAIN IasS VS. sp G., G.. &. & St l. R. R. Co:
for damages. Find for piaintiff. for $500.
MICHAEL McGinty VS. GitI9ns a Street ia R.
ment for plaintiff for $3.50 and costs.
Room 2-Lawson M Harvey, Judge.
Charles Cronenberger VS.: Kipp Bros.
Mummenhoff; account. Judgment against
defendant for s393.5o and costs,
VIM. L. Whittinghill admitted to practice
shortridge VS.. shortridge. On trial by
court.
indianapolis Savings Investment CO. vs..
Mary O'Reilly ct al; foreclosure Judg-
ment against defendant for SSsS.5o ana
costs. Foreclosure and sale ordered.
Room 3-Pliny w Bartholomew, Judge.
Thos. r. ,2rorn VS. Citizens Street r. r.
Co. ct al. damages. Dismissed as to In
dianapolis and Broad Ripple Rapid Transit
Thomas F. Hubert VS. Frank Larossa;
deceit. Dismissed and costs paid
Criminal Court.
Frank McCray, Judge.
The State VS.. Tfllie Rush; grand larceny.
Defendant released her own recog-
nizance until further order of court.
The State VS.. George Merritt, Isaac
Fisher and Edward Keise; petit larceny
and receiving stolen goods. Finding of
guilty. Merritt fined so and sentenced to
the Prison North for three years Fisher
fined SO and sentenced to eight months in
the workhouse. Keise released on his per-
sonal recognizance-
The State VS.. Frank Dillon petit larceny.
Finding of guilty Taken under advise
ment.
The State VS.. Alonzo Evans grand lar
ceny. Fined $40 and costs and sentenced to
the Prison North for three years.
The State John Fowler, John Sum-
mers and Charles Mills; petit larceny.
Summers sentenced to the Reform School
Judgment suspended as to Mills and Fow-
ler's case taken under advisement.
Circuit Court.
Edgar A. Brown, Judge.
L. F. Adams & Co. VS.. L. D. Jones &
Co.; appear from j. 2. Cause dismissed
and costs paid.
Elizabeth A. Orme VS.. Francis A. Orme;
to quiet title. Trial by court. Finding for
Plaintiff and that title be quieted in her
favor.
Bernard Koehring & Son VS.. Bruce Carr
ct al mechanics lien. Trial by court.
New Suits.
Capital National Bank Huntington
Seed Company; to foreclose mortgage and