The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-09-24
Appellate Court.


2022 Brown VS.. Hines. Upton c. c. AZ
firmed. Lott J.-Where a public highway
became established by use for more than
twenty years the highway is not destroyed
by the subsequent annexation of the land
to the city; but after the annexation IT
becomes one of the streets of the city, and
such land as fronts on such street is liable
for an assessment for the Improvement of
said street
firmed. Ross, J.-By asking and having
granted the right to amend pleadings to
which demurrer has been sustained an ex,
ception to the courts ruling will be waived
by the filing of amended Dleadings, and
the fact that defendant does not take adj
vantage of the privilege asked and grant
ed to file an amended paragraph of an
swer does not revive the exception orlSl-
nally reserved to the courts ruling on that
without reading 1t he will not be heard TO
say that he was unaware Of its contents,
2053 Coal Company vs. Shaw. Green T.
c. Reversed. Reinhard. il. In an action
for damages caused by the negligence 81
a mine owner in allowing an incompetent
employee to fire a BLAST of powder IN al
Joining room to the one in which the plant
iff IS working it is not necessary TO aver
that plaintiff had no knowledge that the
shot of powder was about to be fired. z:
htigant cannot complain of an instruction
if it states the law correct as iar as IL
goes unless he has requested further IN
structions. 3. Contributory negligence VIII
defeat a claim for damages unless the IN
'u aG55 w Swi ftn1 vs Harley. Hamilton c. c.
Motion to dismiss overruied.
Superior Court.
Room s-Pliny NJ Bartholomew, Judge,
John Sheehan ct al. VS.. James NJ. neal,
ey trustee, ct al. lien. Dismissed and
Warren Scharf Paving Company vs.: Al,
bert Allen ct all; street lien. Dismissed
Henry F. Noting VS. Geo. t. Keppler
ct al; lien. Dismissed and costs Pa1a;
S. si7a shefa ct al f'n0ins anu 'u'S MEN,, 'o'
Brown ct al. Finding and judgment for
s43 So
al; lien. Finding and Judgment for So, A.
Robert Keller VS.. Albert Mannarowsky;
account. Finding and judgment for S29a.Ss.
Silas NJ Shepard vs.. Nathaniel g, Bar
thoiomew; replevin Finding that plaintiff
is entitled to possession of property
James D. Showers ct al. VS.. Richard F.
Lennox ct al; note. Finding and judgment
ioi Criminal Court.
Hon. Frank McCray. Judge.
state of Indiana VS.. John Baker: petit
larceny Motion for new trial sustained
Defendant twelve years ola. JuagInen f,t
withheld and defendant discharged until
IS State tate Of Of III Indiana vs. Herbert Johnson
and walter Samuels burglary and grand
court. Taken under Amusement
State of Indiana vs.. Walter Samuels;
burglary and grand larceny. trial by court
and defendant discharged
State of Indiana vs.. Frank Herrell: as
sault and battery with intent 10 XIII. lFldl
by court Finding Of guilty and defendant
Sentenced to penitentiary for four years.
State of Indiana Garrett Herrell; as
sault with intent to kin. Trial by court.
Taken under Amusement
Circuit Court.
Hon Edgar A. Brown. Judge.
Bernard Koehring ct al. VS.. Bruce Carr
ct al: suit to foreclose mechanics lien.
Finding for plaintiffs.
New Suits.
Joseph Jones VS.. Sarah A. Jones; divorce.
Superior Court, Room j.
Alexander Sorrel VS.. Ida ]. Sorrel; d.
vorce. Superior Court Room 2.
John TRACER VS.. Louisa TRACER; divorce.
Superior Court Room l.
James y. Isgrigg VS.. Katie b. Towson
and George H.. Towson, foreclosure OF lien.
Demand s25 Superior Court, Room
Frederick Topp vs. City of Indianapolis;
damages. Superior Court Room !.