The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-03-26

property that, both the possession of the
property and the recording Of the instru-
ment Of assignment be exercised by the
seller: and IL IL appears from the instru-
ment that the parties intended 1t for a Sc
curity il will be considered as a mortgage.
and will be prior to the lien Of a MORTGAGE
and attached TO personal property by con-
solidation.
177s5. Hanks VS.. Mayor and Council of
Goshen. Elkhart C. c. Affirmed. McCabe, j..
When there is. an objection TO the judg-
ment of the trial court there must be a
motion to modify the same before any ques-
ton can be presented to this court concern
ing the action Of the trial court.
l7416- Shuman VS.. Calls Madison c. G.
Dismissed. Monks, I can be but one
appeal from the same judgment and when
the same. Is not a term time appeal all par
ties entitled TO appeal must be Joined as CO.
appellants.
1884. Strobe VS.. City of New Albany.
Clark c. c. Petition for rehearing.
17645. Ronyer US. Miller. Marion s. c..
Transferred to Appellate Court.
Appellate Court.
1913. Rosenberg VS.. Fidelity & Casualty
Company. DeKalb c. c.. Affirmed. Rein
hard, J.-Where a. policy provided that the
company would pay the insured, or his rep
resentatives "the amount of - dollars,
against bodily injuries Sustained through ex-
ternal, violent and accidental means, as fol-
days from such injuries, Independently of
all other causes, the company will pay the
principal sum of this policy to - his -,
to such as accrued during the lifetime of
the insured, and at his death all liability
for future indemnity ceased.
v 1881, Goal Company vs.; city OF Evansville;
order to constitute a surrender by operation
OF law there must be some decisive act on
the part of the landlord showing his inten-
ton to deprive the tenant of his estate; and
a surrender by the tenant may taxi place
by express agreement between the parties
or by acts which are equivalent to an agree
1851. Neptune VS.. Paxton. Knox c. C. Re-
versed. Ross, the maker of a note
signs it as trustee and the payee knows
that he does not sign ii as his Individual un-
dertaking, but as the agent of another. and
for another, it cannot be enforced against
the agent, especially where the payee is the
principal for whom he signs.
1855. Shroyer VS.. Simons. Huntington c. G.
Affirmed. Davis, jim an. action for dam
ages on an appeal bond. said bond being
defective in not stating all the parties in
whose interest ii was executed such defect
will be cured by the proper in
the complaint following Section 12S5. r. s.,
1894.
1871. Shaefer VS.. Nelson. Wabash C. c..
Notice ordered and issued.
Superior Court.
Room John l. McMaster, Judge.
John Scroggins VS.. Cleveland Fence Com
pany; damages. On trial by jury.
Room 2-Lawson NJ. Harvey, Judge.
w. 4. compton VS.. Nj. A. WlllittS q Co.
account. Finding for defendants. Judgment
against plaintiff for costs.
George r.. Snyder VS.. Clarinda Snyder; re-
plevin. Finding for defendant. Judgment
against plaintiff for costs.
Room S-Pliny w. Bartholomew. Judge.
Paul NJ. Henniger VS.. Joseph Henniger; d.
vorce. Decree granted plaintiff.
New Merrill Saving and Loan Association
VS.. William Luft ct al; foreclosure. Dis
missed as to Catlin; finding and judgment
for plaintiff for 81, 1854. -.
Duncan r. Mcknight VS.. Lawrence T.
Wheeler; repleyin.. Finding that plaintiff is
entitled to possession of property.
Myra Anderson VS.. City Street-railroa
Company; damages. Jury returned special
verdict and answers to interrogatories.
Mary Henderson vs.. c., H. q d. r. r.
Co.; damages. On trial by jury.
Circuit Court.
Edgar A. Brown, Judge.
City vs.. EMS Champ. Dismissed and
City VS.: Fred weghorst. Trial by court
City VS.. Frederick Laxen. Trial by court
finding Of not guilty.
City vs.; John Abrams. Dismissed ant
Boyd Ralston VS.. Lizzie Mahoney; on com.
mission. On trial by court.
New Suits Filed.
Berkshire Life Insurance Company VS.. Car
oiine L.. Leonard ct AL; suit to ~forecloSt
mortgage. Circuit Court.
Horace T.. smith, trustee, VS.. Newton Z
Van Horn ct al; suit to foreclose mort
gage. superior Court, Room l.
state Bank or Indiana VS.. Henry j. Brown
suit on note Superior Court, Room 3.
Conrad Draut ct al. VS.. Timothy O'Riley e.
al; mechanics lien Superior Court, Room 2
Joseph H. Todd VS.. Thomas j. Crawford
ct al; suit to foreclose mortgage. Superior
Indiana Bond Company VS.. Hannah M
Furnas ct al; street lien. Circuit Court.