The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-09
THE COURT RECORD.
supreme Court.

1885. Moreland VS.. Thorn. Grant c. G.
Affirmed. Howard, il. IL there is no de-
nurrer 10 an answer lis sufficlency cannot
therefore be considered on appeal. When
a widows estate has received the full
amount due IL under a mortgage held oy
her and the same is Cancelled OF record.
there is nothing remaining under which her
heirs can redeem from other mortgages or
judgments in favor OF other persons.
l76Ss. Kinney VS.. Hartman. Harrison g.
c. Affirmed. McCabe, il No notice TO
the adverse party is required in term time
appeal, but an appeal bond with penalty anu
surety prescribed and approved by the
trial court must be filed In the office OF the
Clerk of the Supreme Court within sixty
days after the fling of the bond. On the
failure to file the transcript within sixty
days after the filing OF the bond. and IL the
transcript is afterwards filed, process must
be served on the appellee II they do not APP
pear, in order ID prosecute an appeal. 2.
Sureties on a bond cannot be held for dam
ages when the suit on the bond has not
been prosecuted. but abandoned.
1885. Robinson VS.. Dckey. White c. c.
Affirmed. Monks, il One appointments
TO a receiyership does not disoralify a per-
son from being appointed receiver a second
time for the same property, as per Section
1881. r. S. 1894. 3 The selection of a re-
ceiver is largely in the discretion OF the
trial court. and this court will not interfere
unless there has been clear abuse OF that
discretion.
Affirmed. Jordan, il. An insane person
under guardianship is not proper or nee
essary party TO foreclosure of a mortgage
upon his real estate ?. When II appears
that a party 10 an action was within the
courts jurisdiction, although he may not
have been notified OF the commencement or
the suit, in order TO be relieved from an
unauthorized appearance by an attorney
therein. he must aver the absence OF the
authority of the attorney and that ne has
meritorious defense TO the cause OF action,
and that the rights OF a bona hde pur-
chaser have not interviewed -
Note.-In 1885. Robinson VS.. Dickey. de-
cided Jan. z, 1896. IL is further held that
equity has exclusive Jurisdiction OF suits
for the partition of personal properly, even
though the defendant denies plaintiffs title.
1872. Brannon VS. State. Lawrence. c. e.
Motion to reinstate overruled.
Appellate Court.
100. Gas and Oil Company vs.. Collins.
Howard c. c. Reversed. Rcinhard: j.
This case is affirmed upon the authority OF
Gas and Oil Company vs. Jones. decided
1871. wander VS.. Go,dback. Floyd c. c.
Affirmed. Lott, J.-This case Is affirmed
upon the authority OF Payne VS.. Goldback.
1872. Newman VS. Accident Association.
Marion s. c. Affirmed. Ross. il An in
jury which is the result of an accident. as
applied in the construction OF insurance
policies, is defined to be the result of some
violence or casualty TO the assured. without
his design or consent or voluntary cooper
alton and the burden is on the benedciaries
TO prove such fact. q The right TO an APP
peal is granted upon the condition that all
of the several designated acts shall be per-
formed. 3. The appearance in general term
gives the special term jurisdiction or the
person.
frmed. Davis, il. A person whose name
has been forged to a note may be estopped
by his admissions upon which others may
have changed their relations :. An estop-
pei must be specially and strictly pleaded.
and no intendments are made In favor or
Isss. Aetna Insurance Company VS. Leroy.
Madison c. c. Application for certiorart
granted.
Room 1-Jno. L. McMaster. Judge.
John r. Alexander VS.. II. II. Mansfield ct
al; damages. Jury returned special finding
Jno' w. Blackledge VS.. Lewis-Porter cabi-
Derk De Ruter VS.. r. J. Campbell: inn
provement lien. Dismissed and costs paid.
Room 2-Lawson NJ. Harvey. Judge
Samuel Ehrisman VS.. Mary Ehrisman; to-
set aside marriage contract Or trial d.
court.
Room 3-Pliny W. Bartholomew. Judge.
Donnie ]. Mendenhall VS.. John Cline; ac-
count Dismissed and costs paid
Lucinda j. Ward VS.. Susan La East et
al: note. Finding and judgment for plain
Indiana Mutual Building and Loan Asso-
citation VS.: Isaac L. Osborne ct al; fore
Geo. b. Martin VS.. Fernandez NJ Sim
monds ct al; note. Finding and Judgment
Fulmer-seibert Company VS.. Geo. w.
Foreman ct al. Slrect lien. fluuluk anu
Judgment for plaintiff for s224.Ss.
Leander A Fulmer ct al. VS.. Maryette
Bowman ct al; street lien. Dismissed and
Luetta Russell ct al. VS.. Eli Stone ct al:
to satisfy mortgage. Dismissed by agree
Lula May Horton VS.. City Street-railway
Company; damages. On trial by jury.
Circuit Court.
Edgar A. Brown. Judge.
Jeremiah Read VS.. Enos Il. Reads es-
tate; claim. On trial by court.
New Suits Filed.
Elizabeth Bowles vs. Gustav G. Schmidt;
suit on note Superior Court. Room g.
Henry A Ruske VS.. City or Indianapolis;
damages Superior Court, Room j.
The Mutual Home and Savings Associa-
ton VS.. Charles c. Stages; suit 10 foreclose
mortgage Superior Court, Room 2
The Indiana BermudeZ Asphalt Company
VS. Anna NJ Bruner ct al; street assess
ment Superior Court, Room ?.
Carrie Brown VS.. George Carter ct al:
damages. Superior Court, Room J.
John SENT VS.. David Johnson, damages.
Superior Court, Room 2
The Acme Paving Company W.. Diamond
Steam Laundry ct al; sewer assessment
Superior Court, Room g.
Indiana Bermudez Asphalt Company vs.
Augustus Bruner ct al; street Improvement
SUPERIOR Court, Room g.
Mary Bradford vs.. oscar bradford, suit
for divorce. Superior Court. Room 5.
D.xvu uUrpaT CIR amISrIrs IAN q