The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-01
THE COURT RECORD.


1865 Stengel VS.. Boyce. Carroll c. c. Re-
versed. Hackney. c. J.--1. The statute re-
corded within ten days after the execution
thereof in the county in which the mortga-
gor resides, and where the complaint shows
that the mortgagor sued on was not re-
corded In the county OF the residence OF the
mortgagor IL is insufficient TO withstand q
demurrer. ? Exhibits attached 20 a COM
plant Will control over the allegations In
conflict Herewith.
173SS. Miller VS. Z. & l. Railway Company.
Daviess c. c. Petition for rehearing over
ruled, per curiam--1- A rehearing will not
be granted 10 enable the petitioner 10 secure
a correction In the transcript. 2 The fact
that opposite counsel have not discovered
any defect in the record in no way requires
this court 10 overlook the same and con-
slider questions upon their merits which do
not affirmatively appear by reason OF such
defect in the transcript.
1856. Stone Co. VS. wray. Monroe c. c.
Reversed. Monks, i'll. In action by an en-
ploye against the employer for damages
sustained by reason of Injuries received
from dirt, etc., falling upon him while in
the line OF his duty as employe in a quarry.
the complaint should show that the en-
ploye had no knowledge of the danger. 2.
Dangers and defects open TO the ordinary
careful observation or such as are or should
be known by the exercise OF ordinary care
are assumed by the employee. 3. The defend
ant in an action for damages is entitled TO
have the facts and circumstances and sur
roundings which occurred at the time OF the
injury SO stated in the complaint in order
that the court may, a matter OF law. de-
termine whether the defendant was guilty
of negligence and what risks IL any have
been assumed by plaintiff
1858. T. * T. II. Railroad Company vs.
Knapp; vigo c. c. Petition for rehearins
oyerruled.
17225. Lee VS. Mazingo. Hamilton c. c.
Motion TO reinstate appeal overruled.
1867. l.. & l. Railway, Company vs.
Lynch. Lake {. G.. Certiorari awarded.
Appellate Court.
1926 L. f. & w. Railway Company VS.
Gassard. Clinton c.. c. reversed. Ross. j.
J. In action to recover damages caused
by railroad company allowing ire TO es-
cape and causing the injury complained or
the burden Is upon the plaintiff TO allege
and prove negligence on the part or the
company in allowing the fire TO escape. 2
The mere setting OF fire by passing To-
connective raises no legal presumption that
il was the result OF negligence.
1885, May VS.. Anderson. Monroe C. G. Az
firmed. Davis, J.-Where the special finding
shows that the defendant made false and
malicious statements against the plaintiffs
title to real estate thereby ts preventing the the
plaintiff, is sufficient TO uphold verdict I'm
favor OF the plaintiff for Islander of title,
1914 Nader VS.. Cool. Cass G. c. Affirmed.
Gavin q Ii Where executes a note in
favor of b for the consideration that u viii
not interfere with AS business and viii not
transfer the note, but will hold IL until IL
becomes due. A will be liable 20 an inno-
cent purchaser Of the note for the value or
the same; in return, IL Is liable TO Tor
future SETTLEMENT 2. Where the considera-
ton Of note fails in part only, there may
be a recovery by the holder for that part
which the consideration has not failed.
1863. Lane VS.. Mayer. Boone c. c. Motion
to set aside submission and Tor process
granted.
Superior Court.
Room 1-Jno. l.. McMaster. Judge.
John W. Cooper VS.. Indiana Paving and
Brick Company; injunction ana account
On trial by court.
Room 2-Lawson " Harvey. Judge
Minnie Dillon VS.. City of Indianapolis;
damages. Judgment on special verdict OF
jury VS.. defendant for 5000 and costs.
John NJ. Hatton ct al VS.. William King;
commission Judgment on verdict VS.. de-
PENDANT for $3.50 and costs.
Guarantee Saving and Investment Com
pany VS. Ellen Il. Graham ct al; foreclos-
ure. Dismissed and costs paid.
Gilbert NJ. Brooks VS.. Charles A. schmidt;
revival of Judgment Judgment VS.. de-
PENDANT for $i.5o5.4S and costs.
Room 3-Pliny w. Bartholomew. Judge.
Lulu Wright VS.. Indianapolis Gas Com
pany; damages. Jury returned special YER
dict and answers to inte sdr 'uos-
Dane s. Dunlop VS.. Samuel >. Smith CO
al; foreclosure. Dismissed and costs paid.
George S. Brown ct al. VS.. George X.
julius Keller VS.. William C. Denny: side
walk lien. Dismissed and costs paid.
Circuit Court.
Edgar A. Brown. Judge.
F. A. Joss, guardian. VS.. Sarah +. New
conner ct al: to set aside mortgage. on
trial by court.
New Suits Filed.
Rachel Goodwin VS.. Charles Dawson. jr.:
suit to foreclose. Superior Court, Room j.
Dane s. Dunlop VS.. Bertha Wfttel: suit
20 foreclose. Superior Court, Room I.
William l.. Wright vs.. William w. Spen-
Ger ct al. mechanics lien. Superior Court.
Room q
William n. Jackson ct al vs.. Louis A.
Budenz ct al; suit on note. Superior Court.
Room 3.
William J. Hayes ct al. VS.. Nellie +. Wiles
et al: street assessment. Superior Court.
Room g.
Lulu May Knappe VS.. Cyrus NJ. Bnappe:
suit to annul marriage contract. Circuit