The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-08
THE COURT RECORD.
Supreme Court.


17440 McGinnis vs. Boyd. Lake c. C.
Arlrmed. Hackney. c. il. The long
hand manuscript of the evidence must be
hied in the lower court and the record
should disclose such filing. 2. The survey
OF an official surveyor is prima facie cor
rect and the burden is upon the person
questioning 1t TO show that the same is
erroneous.
1881. Boiling VS.. City of Evansville. Van
derburgh c. c. Affirmed. Jordan, j.
l. When the adoption of municipal ordi-
lature, and when the express grant of
power Is not in conflict with constitution
al prohibition. it cannot be successfully as
sailed as unreasonable. ?. The adoption of
laws regulating slaughter houses is proper
exercise of the police power. 3. Legislative
bodies, within their power. in the enactment
of laws may judge of the necessity or ex-
pediency therefor, anc the exercise of that
judgment is TO be implied from the law it
SELF
1862. City of New Albany VS.. Andres.
Floyd c. c. Reversed. McCabe, il. When
a person becomes the owner of real estate
AUDITING on a street. but before his pur--
chase of the same the Common Council had
voted widening of the street thereby ap-
propriating part of the real estate for the
street, it will be presumed that he had
notice, 2. Where an injunction is obtained
because damages assessed lave not been
paid, the defendant. at any time before the
determination of the suit, pay or tender
the damages assessed, and thereupon the in
junction will be dissolved. 3. The finding
of fact and conclusion of law must be sep
arately stated. A. Where negative is es-
sential to the existence of a right, the
party claiming the right has the burden OF
proving such negative
17715. Robinson VS. Dickey. White c. c.
Affirmed. Monks. il A bill of exceptions
must be filed in the office OF the clerk after
ii has been signed by the judge. 2. When
the question for decision is unon the suffi-
cheney of the ev.uence, 1t must be shown
that all the evidence is in the record. 3.
A co-tenant of personal property out of pos
session has no remedy at law against the
tenant I'm possession unless his dealing with
same has been such as TO amount TO
of the co-tenants is equally entitled to the
possession of such property. and If the pos
session of one excludes the other this does
not amount to a conversion.
1882. Mlburn VS.. Milburn. Clinton, I. L.
Reversed. Howard, j.
Where a wife is given an indemnifying on
gage on another which her husband owns,
her right to foreclose accrues at once upon
the failure Of her husband to pay the dept
secured by the mortgage in favor of the
third person.
i77lO. Alexandria Co. VS.. Irish. Upton c.
c. Transferred to A C.
Appellate Court.
1853 Billy VS.. Elliott. Fayette C. c. At
Evidence can only become a part of the
record under section 63S r. s.. 1894, by being
copied by the clerk therein and certified to
1902. Manufacturing Co. VS.. Seabold. Wells
C. c. Reversed. Gavin, c. j.
A sale by which a note is given to become
due six months after the delivery OF the
goods is not cash sale.
1870. Payne VS.. Goldback. Floyd c. c.
Affirmed. Lott, j.
This court will not reverse a cause upon
the evidence unless there is no evidence
at all to support the finding in the lower
17E. Hyde VS.. COPYRIGHT. White C. C.
Affirmed. Davis. j.
l. minor may repudiate his contract evil
derced by notes and mortgage.
2. The assignment of notes and chattel
mortgage does not vest in the assignee the
right to the possession of the property.
Superior Court.
Room 1-Jno. l.. McMaster. Judge.
The Equitable State Building and Loan
Association VS.. Thomas r. Clegg ct al;
foreclosure. Judgment for plaintiff for 49,
1902
John r. Alexander VS.. H. F. Mansfield
ct al; damages. On trial by jury.
Room 2-Lawson NJ. Harvey. Judge.
Jennie Meyers, Administrative. VS.. c., c.,
c. & st. L. Railroad; damages. Dismissed.
Judgment against defendant for costs
Phillip Boney VS.. c., c., c. & ST. l.. Rail-
road; damages. Dismissed Judgment
Hussy-Russell Lumber Company VS.. Ly-
dia F. Southland; mechanics lien. Dis
missed; costs paid.
trustee: lien. Dismissed Judgment against
Amos X. Hollowell ct al VS.. Bessie c.
McHarry ct al; lien. Dismissed: costs paid
Amemellia McGarrihan VS.. Thomas Me-
Garrihan; divorce. Dismissed. Judgment
against plaintiff for costs.
Agnes Lanham VS.. Adolph Erdman ct al;
replevin. Dismissed; costs paid
Fred Feuhring VS.. Robert p. Brown;
sprinkling lien. Dismissed: costs paid:
Daniel LeFeber. VS.. A NJ. Ogle; mechan-
les lien. On trial by court: argument con-
cluded; taken under Amusement by the
court.
Room 3-Pliny w. Bartholomew. Judge.
Charles T. K. Miller VS.. Thomas p. Egan
that plaintiff is entitled TO possession of
property.
Belle Tilghman VS.. Michael H. Spades;
damages. Dismissed at plaintiffs costs
George W. S. Meier ct al VS.. William
Brester ct al; bond. on trial by court.
Guarantee Saving and Investment Asso-
Harlan ct al; foreclosure. Receivers find
ing. Judgment against Alfred Harlan and
William L. Todd for $2S0.40.
Circuit Court.
Edgar A. Brown. Judge.
In re petition of Board of Trustees of
the Town Of West Indianapolis for annex
alton of certain territory. On trial by
court.
Calumet Paper Company VS.. Hasselman
Printing Company; on account. On trial
$3.50.
Harra A Burkhart VS. Eliza Andrews es-
$225.
New Suits Filed.
Leander A. Fulmer eft al. VS.. T. c. Ger
lack ct al; improvement lien. Superior
Court, room j.
Leander Fulmer ct al. VS.. Flora NJ Tute-
wiler ct al; Improvement lien. Superior
Court, room i.
Leander A. Fulmer ct al. VS.. Robert F.
Albeit ct al; improvement lien. Superior
Court, room 2.
Leander a. Fulmer vs.. Carl V. Rensch
ct al: Improvement lien. Superior Court,
room 3.
Leander Fulmer VS.. Susan c. Snyder ct
al improvement lien. Superior Court,
room 2.
James +. Nichols ct al. George Kreit-
lein: suit on account. Superior Court,
room 2.
J. Harry Lakin Matte NJ Lakin;
suit for divorce. Superior Court. room 2.
Jacob MetZger vs.. Casper SehmalholZ; suit
on note. Superior Court, room 3
John w Fort ct al. VS.. Arthur ;. Heller;
injunction. Superior Court. room l.
Indiana and Ohio Live Stock Insurance
Company VS.. Conrad Bender ct al; SUIT on
bond Superior Court. room l.
Mary Watts William Vets; divorce.
Superior Court, room >
Clara G.. Price VS.. Stephen Price d.
vorce. Superior Court. room 3.