The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-25

3. When the evidence is not in the record
this court cannot pass upon questions in
sun1ed that the jury correctly weighed the
1881 City of Bedford VS.. Neal. Monroe
c. C.. Petition for rehearing overruIed.
McCabe, J.-Where an opinion has been
written, but not handed down the case
has been decided, and If after the case has
been so decided an additional brief is filed
hearing. 2 A point made for the first
time on a petition for rehearing will not be
17Ol2. Armstrong VS.. Dunn Lawrence c.
c. Petition for rehearing overruled.
17223. l. Z. & w. Railroad Company VS.
Stick. Jay c. c. Petition for rehearing
1922. Stevens VS.. Reynolds. Clay c. c.
Petition for reheanng oyerruled.
1881. Smith VS.. Pinnell. Hendricks G.. c.
Petition for rehearing overruled.
17545. State ex rel. Roberts VS. Bever
Fountain c. c. Petition for rehearing over
ruled.
Appellate Court.
1916. Bauer VS.. Brewing Company. Ma
rion s. c. Affirmed Davis, il 1t Is not
error to allow amended complaint to be
filed after the cause reaches the trial dock
et 2. 1t is not necessary for the plaintiff
to aver that ii is a corporation.
176S. Engine Company vs. Zimmerman
Gomps9y gehep Gavin Motion se
cause has been transferred to this court
from the Supreme Court upon the state
ment of the appellant that 1t was needless
case within the jurisdiction OF the Supreme
Court, the order OF the latter court is
final and the appellant will be deemed to
have waived his right to such decision.
1913. Jessup VS.. The State Gibson c. G.
Affirmed. Lott, J.-Where 1t is charged
in an Indictment that the defendant know
ingly permitted building to be used for
gambling purposes it does not consist of a
single act, but a continuous one, and the
names of the persons engaged in gambling
10 oil
1739. Jenkins VS.. Fisher. Hamilton c. C.
Affirmed. Reinhard, J.-Where the facts
upon which a plea in abatement was predi-
Gated were heard and a special verdict rem
dered thereon, il was tantamount to the
overruling of the demurrer to the said
plea, and a trial and special verdict and
Judgment thereon; where the same ques-
lions are presented both by demurrers TO
the pleading and the special finding. rulings
upon the demurrers are immaterial.
1893 Building Association VS.. Droege.
Jackson c. c. Petition for rehearing
1874. Fitzmaurice VS.. Puterbaugh. Jay C.
c.. Petition to perfect appeal granted
Superior Court.
Room limo. L. McMaster. Judge
George w. Hilliard VS.. Ida ]. Hilliard; d.
vorce. Dismissed.
Charles Hendricks VS.. George Coble: dam
ages. Judgment on verdict for plaintin for
500.
Room 2-Lawson NJ. Harvey, Judge.
Leander A. Fulmer eft al. VS.. Charles ].
Russell; street improvement lien. Judg-
ment against defendant for S35.15 and costs.
Sale ordered.
Robert Thomas VS.. Norman S. Byram.
Judgment on demurrer to complaint for de-
PENDANT. Costs against plaintiff.
Thomas Duckan VS.. Kate Rogers; con-
tract Dismissed. Judgment against plain
tiff for costs.
Mary f. Smith VS.. VIM. T. Smith; note.
Judgment against defendant for SSl4.27 and
costs.
Margaret Bruce vs. James Pain ct al
damages. On trial by jury. Argument.
Jerry Sheehan VS. z. Mccoy; street Lien.
Judgment against defendant for SS.45 and
costs.
way. Dismissed at defendants cost.
Room s-Plny W. Bartholomew. Judge.
Edna johnson VS.. VIM. p. Myer; damages.
On trial by jury.
New Suits Filed.
Clara Aich vs. William Aich; suit for d.
vorce Superior Court, Room 1.
Edward Hawkins, receiver, VS.. Charles E.
Hall; satisfaction of mortgage. Superior
Court, Room 1.
Amanda c. STARTS VS.. wilhelmina c. Haf-
per ct al; suit for partition Circuit Court.
lor; suit on account. Superior Court,
Nest Jackson VS.. Charles e Duvall; suit
for damages. Demand. $1,000 Superior
Court, Room /.
Augustus Sp:egel ct al. VS. Margaret j.
Hyde ct al; suit TO satisfy mortgage. Su-
perior Court, Room D.
Francis II. Hord, trustee. VS.. Leander a.
Fulmer ct al; suit TO foreclose mortgage.
Superior Court, Room 3.
Fred Kleine VS.. John r. Barrick; suit on
note. Superior Court, Room 2