The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-07
THE COURT RECORD.
sunrcne Court.

1861 l.. l., l. Railroad Company VS..
Lynch Lake c. c. Affirmed Howard; j.
must be fled with the clerk and presented
TO the judge TO sign within the time allowed
oy sne court h etd sne oi he nropery a.
scented by the record. 2 II is the duty OF a
party appealing to present a correct record
TO this court. 8. In order TO properly at
tach a judgment alleged TO have been pro-
cured by fraud there must be due diligence
shown by the person seeking 10 set the judy
ment aside.
r734S. Pennsylvania Company VS. Ebaugh.
Marion c. G.. Reversed. Hackney, c. j.
!. This court will not decide a constitutional
question when there are other grounds upon
which the case can be reversed 2. 1t Is not
negligence for railway company TO use
regular transportation cars constructed
obligation OF railway companies Is TO use
ordinary care to supply reasonably safe ap-
planes for coupling its trains, but they are
not required TO furnish safe appliances
where. from the nature OF the business, safe
~ IS not possible.
177ls. Davis VS. Davis. Madison c. G.. Re-
versed. Monks, jim an action brought 10
procure a new trial on account OF newly
discovered evidence. in determining the suf-
fciency of the complaint the pleadings and
evidence in the original case cannot be con-
sdered for the purpose OF supplying any
averments essential to the sufficiency OF the
complaint for the character Of the action
and the materiality OF the newly discovered
evidence must be set forth in the body OF
the complaint and not left to inference from
the pled0ingS and evidence In the original
case made a part thereof and in such an ac-
ton the complaint should show the diligence
used before the trial to obtain the evidence.
1884. Strobe VS. City OF New Albany.
Clark C. c. Petition for rehearing overruled.
his. Keehn VS.. Gilliarddy. Porter c. {.
Transferred 10 Appellate Court.
Appellate Court.
161S Huber Manufacturing Company vs..
Busey. Miami G. c. Affirmed. Ross. j.
!. In action upon contract which pro-
vides that no right of action shall accrue
until the opposite party has had notice In In
writing. such notice must be given, but II
a verbal notice is given. accepted and acted
upon the giving of the written notice is
waived; 2 When an order t Tor an ma niair,
such order need not be filed, nor as part OF
the counter claim.
Affirmed. Reinhard, ] III huband and
wife give note in payment for buggy for
the wife and afterward give the holder of
the note an account due for wood cut from
the land owned bv the wife and the same
is with her consent applied TO the payment
of debt owed by the husband the wife Will
be estopped from asserting that the account
should have been applied to the extinguish-
ment of the note.
ISL simons vs. Beaver Allen c. c. Af-
firmed. Lotz. i'll, On appeal this court viii
only consider errors of law. and not OF fact.
2. II evidence Is conflicting this court is not
permitted to weigh l.: r.,
mage. Porter c. c. Reversed. Davis. IA
person who approaches a railroad crossing
and sees all engine pass must look III the ul-
rection from whence the engine came for an
approaching train. and If there is one fol-
lowing the engine within one minutes time
the traveller will be guilty of negligence If
he fails TO so look and listen, there being
nothing in the way to obstruct his view.
1877. Johnson VS.. Bedwell. Grant G. G.
Petition for rehearlng overruled.
Superior Court.
Room 2-Lawson M. Harvey Judge.
Louisa Hunt VS. Horace Hunt; divorce. De-
cree granted plaintiff.
Room 3-Plny w. Bartholomew. Judge.
VIM. 3. Fette VS.. Charles T. Lee ct al. !;
foreclosure. Dismissed and costs paid.
schoen; replevin. Dismissed.
Star Saving and Loan Association VS..
Amanda M. Allen ct al: foreclosure. Find
ing and judgment for plaintiff for $1.035.43.
New Suits Filed.
Charlie Richards VS. Robert NJ. Foster:
suit for damages. Superior Court, Room 2.
Thomas Haase VS. Philip Sedan ct al. (;
suit on note. Superior Court, Room g.
Mary Kirk Thomas Kirk ct al; suit
for support. Circuit Court.
Charles ID. Citizens VS.. Minnie NJ. Citizens;
suit for divorce. Superior Court, Room 1.
Anna Duncan We. the indianapolis News
Company; suit for libel Circuit Court.
Central Savings and Loan Association, No.
3, VS.. Christian Carthensen ct al; foreclos-
ure Superior Court, Room /.
Winfield s. Frazieur VS.. c. Z. Spahr ct al. !;
mechanics lien- Superior Court, Room 3.