The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-15
THE COURT RECORD.



1870. Fletcher VS.. Monroe. Marion S. G.
Affirmed. McCabe ia woman who fails
to join in the conveyance with the husband
and afterwards obtains a divorce from him,
is not after his death entitled to a parti-
ton OF the real estate he conveyed without
her Joining. the property being that OF the
husband at the time OF the conveyance
I77S2. Bucklan VS.. Cushman- EIkhart c.
c. Reversed. Hackney, il When an
and the allegations in the complaint do not
disclose written lease the presumption il
that the letting is by parole, and a copy
| need not be filed with the complaint. 3 In an
action to enjoin the removal OF a saloon
from one room into another and IL is alleged
that the saloon cannot be removed 10
such allegation is but conclusion when not
supported by any alleged fact, ard subject
TO demurrer.
171s. Trust and Savings Bank VS.. Nc
Gettigan. Marion c. c. Petition to secure
return OF record granted.
Appellate Court.
2ceo. Rouyer VS.. Miller Marion S c. Re-
versed. Gavin, i'll. When a note Is in
the hands of an attorney for collection. and
the note provides for attorneys fees,
tender of payment must include the attor--
ney's fees. 2 When a note mas been placed
in the hands of an attorney for collection
and liability incurred thereon for his sery-
tSe pa sns anS proo
make, either as facts necessary TO establish
case or as TO the amount of damages re-
coverable he is entitled 10 the open and
close. f. decendent's account book Is not
admissible as evidence unless there is proof
at the time that entries were made In the
decendent's handwriting.
1869. Boyd VS.. Smith, Hancock c. c. Re-
versed. Lotz J.-Matters which can only DO
brought In the record by bill OF excep-
lions must be brought in In the time allowed
by the court and IL there is discrepancy
or contradiction between the order book
Of exceptions will control 2 The party
upon whom rests the burden OF the issues -
entitled to open and close 3 An OFFER to
plaintiff is found 10 be Entitled TO recover
on the note sued on is not a pleading that
IT is not made until after the trial mas COM
menced Ii will not so change the burden az
to deprive the plaintiff of the right 10 open
and close. 4. An agreement TO pay attor-
ney's fees is one Of indemnity and the holder
of note can recover only such damages
| on account thereof as he has been co1a-
1858. Shicks VS.. Enterprise Company.
Delaware c.. c.. Affirmed. Davis, Ia. In
action TO collect the amount OF stock sub
scribed for a corporation. and II Is alleged
by the corporation that the full amount
allege that all the subscription has been
1 made by solvent persons and not by infants
or married. women. g. A plea in abatement
posed OF more than one paragraph must oe
sufficient as to allow II viii be insuflcient
Tor any. 3: The mere fact that the articles
| within the provision of the statute does not
| vitiate the organization. 8. In an action on
| complaint must show that all the necessary
steps to create a legal corporation have
1923. Kniss VS.. Hoibrook Noble c. c.
Rehearing granted.
Superior Cont.
Room 1-John L. McMaster Judge.
Accidental Saving and Loan Association
VS.. Jennie Buser Ell al; foreclosure. judy
Prudential Depository Saving and Loan
Association va Christian F. AchgellIe ct al;
Edward I. Mckee ct al. VS.. Jro. Hemibo,
account. Judgment for plaintiff for $4l4.7S
VIM. b. Prescott VS.. Theodore p. Haughey,
ct al: account. On trial by jury
Room 2-Lawson NJ. Harvey. Judge.
The Rudolph wurltzer Company VS. John
p. Senefeld. Judgment by confession VS. de-
PENDANT for SIS 10 and costs:
A -. Gates * Co. VS.. Indianapolis Eleva-
tor Company; damages Jury returned YER
dict in favor of plaintiffs for 500 and costs.
| Room s-Piiny W. Barthol.ne Judge
VIM. N. Jackson ct al. VS.. Louis A. Budenz
m favor OF pan vs. Louis an Bnae5z for
$2,9elO5 and In favor of Hawkins. receiver.
VS.. Louis Budenz and May Brothers for
pany VS.. Louis A. Budenz for s25s062
Pomona 0ohtic Stone Company VS.. In
danaDod, water toS @ Jury
Circuit Court.
Edgar A. Brown. Judge.
Indiana Bond Company VS.. Mary A.
Brush. Trial by court Finding IN favor OF
Plaintiff for Sc 40 and costs
Indiana Bond Company VS.. Chris r.. Well
man; street lien. Trial by court. Finding In
favor of plaintiff for IS and costs.
New Suits Filed.
J. A. Everitt VS. T. chuSb Fuller ct al:
suit on note. Superior Court, Room I.
Nicholas McCarty VS.. Frederick w. Gaul
ct al; suit to foreclose mortgage Superior
Court, Room O.
Clara Donavan Newly VS.. Arthur Newbg-;
suit for support. Circuit Court.
Agnes Deyine James Duffy. suit for
injunction. Superior Court, Room 2
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