The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-07-18
THE COURT RECORD.


1890. State of Indiana VS.. National Bank
Delaware g. c. Reversed. Howard. j.
l. Where the plaintiff in an action for the
appointment of a receiver prepares an
swer for the defendant who is a nonresi
dent of the State and procures the nonresi-
dent attorney for the defendant 10 sign the
same without having been admitted to
practice in the court wherein the case is
pending. such action will be insufficient
to constitute an appearance on the part OF
the defendant. where neither the defendant
nor his attorney appears in person. 2.
When a debt is not due and no suit pend
ing for the collection of the same a court
will not have jurisdiction for the appoint
ment of receiver without statutory au-
thority. except where the defendant is a
corporation, B. To authorize a court to ap-
point receiver for an individuals property
is must appear that the pl2intiff has a
present existing interest in the property,
and where the interest of the plaintiff is
that of chattel mortgage he has no right
TO have a receiver appointed without al suit
TO foreclose the same, and upon the ap-
pointment of a receiver after foreclosure
was brought. there would be no ground for
receiver for property not covered by the
mortgage.
1857. State ex rel. Matthews. VS.: For
Sythe. Lake c. G. Reversed McCabe.
il. Where the acts of parties are ADOPTED
for the purpose OF effecting thing which
is prohibited by the statute. and the thing
prohibited is in consequence effected, the
parties have done that which they have
purposely caused. though they have done
il indirectly, and when the thing done Is
falls within the act, because ii is the thing
prohibited. 2. Where the evidence shows
that three race-tracks were constructed so
that races conducted on the several diff
erent tracks is but one coming together of
the horses and people. although the statu-
tory interval between the races on each
track is complied with. ii is but one race
meeting instead of many.
1857. Quicken VS.. Bowen. Carroll c. c.
Reversed per curtain. In an appeal 10
this court a cause will be reversed upon the
line h1-t an, Of a
error committed by the lower court.
1770S. Wilson US. Building Association.
Hamilton c. c. Dismissed
1861. Perm Company VS.. Finney. Allen $.
c. Petition for hearing overrued.
177S5. Piggs VS.. The State. Sullivan c. G.
Petition for rehearing cverruled.
1855. Slack VS. Collins. Wabash G. G.
Petition for rehearing overruled.
Superior Court.
Room 2-U j. Hammond. Special Judge.
Harry l.. Gaines VS.. Union National Saw
ings and Lean Association: complaint for
receiver. On trial by the court.
Criminal Court.
Frank McCray. Judge.
State of Indiana VS.. Albert Johnson: as
sault and battery. Residue of penalty re-
mitted
State of Indiana VS.. Wilson Morrell petty
larceny and obtaining goods on false pre-
tense; plea of guilty on first count. Trial
by court and finding of not guilty on sec
oDd count Fined 81 and imprisoned in
county Jail for thirty days.
State of Indiana Albert Stevens; as
sault and battery with intent 10 rape. De-
PENDANT files application for new trial.
State of Indiana VS.. T. j. Wilson; vio-
Iating Section Nicholson law. Defendant
pleads guilty and fined So
New Suits Filed.
Aurora d. Jennings VS. Newton f. Jen-
nings: divorce. Room l.
Susan V. Turley vs.. Albert Dixon; COM
plant on note. $1,000. Room q
Robert Bowman VS.. Sarah Bowman; di-
vorce. Room ..
George y. Everett VS.. Ellen b. Stockdel
mechanics lien. Room 3.