The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-30
THE COURT RECORD.
SuDreme Court.

1890 National Bank VS.. Body and Gear
Company. Montgomery c. c. Affirmed.
Hackney G. il. While different views OF
cause of action may be stated in one COM
plant without becoming subject to de-
murrer for repugnancy, he cannot come
which the court grants in whole or in
part the relief prayed and therein the same
suit seek an action Of the court upon the me
and in conflict with the action already
taken by the courts 2. There is no cause
Of action in the creditor or a corporation
to reach assets withheld from the corpora
ton, for the payment of debts, when II
affirmatively appears that receiver Is In
charge of said corporation administering
its effects 3. The action for the recovery
of subscribed and unpaid stock must be
brought by the receiver, unless 1t Is SHOWN
that he refuses to pursue the remedy. 4:
The stockholders and officers do not hold
the assets in trust for the creditors until
after the corporation is put under the
control of a court of equity for the adj
justment of its affairs.
1851. Pennsylvania Company vs. Finney.
Allen S. G.. Reversed. Jordan. IA rail-
road company will not be liable for the
death of an employee when it is found that
his death was caused oy being struck by a
water plug situated near the track and
known to have been there by the decedent,
he at the time and by his own Volition
was decending ladder on the side of the
train with his back toward the plug and
the train moving in that direction
Affirmed Monks, il. The vendor of
personal property shas no lien for the un-
paid purchase money after parting with
personal responsibility of the vendee:. 2.
An oral agreement will not create lien
upon real estate. 3. An equitable lien
upon real estate cannot result from the
sale of personal property although such
personal property was furnished for and
used in the erection of buildings upon the
real estate; TO obtain lien the statutes
must be followed.
1896. Martin VS. the State. Park c. c.
Reversed. McCabe, il When the evil
dence shows clearly that the only way to
avoid payment for mining impurities, in
coal mined. was TO screen the coal before
il was weighed. The failure 10 weigh be
fore IL was screened was enot a violation
OF Section OF the act approved March
2, 1891. concerning coal mining. 2. Where
II is sought TO have the constitutionality
Of a statute passed upon counsel should
refrain from raising questions liable TO be
decisive of the case without passing upon
the constitutional question.
1854. Strobe VS.. City of New Albany.
Clark G. G. Reversed. Howard, il. Only
where the facts are undisputed and only
one Inference can be drawn from such
facts that the question of negligence may
be determined by the court as one purely
OF law. 2. Where it is sought TO hold a
city. liable for damages caused by defects
in its highways and there is evidence
OF negligence on the part OF both the plant
if and defendant the question of negli-
gence is TO be determined by the jury
upon the instructions of the court.
1879. National Bank VS.. Body and Gear
Company. Montgomery. c. c. Petition fol
rehearing overruled.
1895 Holden VS.. city of Charlottesville
Montgomery c. C. Petition for rehearinf
overruled.
17i74 Henderson VS.. Indiana Trust Com
pany. Marion C. c. Petition for rehearinl
Appellate Court.
1863. Jessop VS. State. Gibson c. G. Az
Armed Ross. c. 1.-THE singular numbea