The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-14
THE COURT RECORD.
Supreme Court.

1884. Craig VS.. Bennett. Marshall c. c.
Reversed. McCabe, il. In an action to
plaintiff. in order to maintain such an ac-
ton must have title at the commencement
of the action. 1t is insufficient to allege
title at some previous time. 2. Nothing
can be added to a special verdict by infer
ence or intendment, as all differences Of
fact must be found in said verdict
C. Reversed. Howard. il. The weight
of the evidence is for the trial court, but
it's sufficiency to sustain the findings may
be considered by this court. 2. In order
that equity may reform a written lease it
must appear that the mistakes therein Were
mutual. 3. Where the husband of the
lessor drew the lease, he being experienced
in drawing such instruments. the lessor
signing and acknowledging the same in
of record. she will be held TO have known
the contents of the lease.
1857. c.. c., c. & st. l.. Railroad Com
pany VS.. Miller. Tfppecanoe G. {. Sub
stitution of Florence Baker, Administrative,
as appellee ordered.
1I947. Fidelity Lodge. No. SO. VS.. Bond.
Henry c. e. Appellants petition for re-
hearing.
Appellate Court.
1000. Luhr VS.. Michigan Central Railroad
Company. Porter c. c. Affirmed. Black.
ii. In a special verdict facts only should
be found and not mere conclusions of law,
and all the facts essential to a recovery
must be found. 2. In an action for dam
ages caused by a railroad company allow
ing certain dry combustible materials to
accumulate on its right of way. to which
1t set fire by a passing locomotive. which
fire escaped to plaintiffs premises, the
special verdict should show that the COM
bustible material was allowed to accumu-
late on the right of way by the ~company's
negligence.
1861. State for use Of Brebs VS.. Griffin.
Cass c. c. Affirmed. Comstock. C. il.
A failure to find a fact in favor of a party
upon whom the burden as TO such fact
rests is equivalent to finding such fact
against him. 2. Where the Jury found that
the RpOrS executed 3. chatf6l mort
gage on a certain date, which mortgage
said that they were residents of a certain
county such finding is not sufficient to
show the residence of the n-ortgageors.
2OI1. Parr vs.. C~utsinger. Johnson c. G.
Affirmed. Robinson, J.-This court will not
reverse a case on the weight of the evil
dence when the evidence is conflicting, but
when there is some evidence to support
the verdict.
Washington c. c. Affirmed. Henley, j.
One who signs a promissory note as surety.
shall have another co-surety named by
him, which fact is known TO the payee or
his duly authorized agent at the time of
upon the contract unless the conditions as
to the additional surety are strictly COM
piled with before delivery of the note.
220S. Insurance Company VS.. Manufac-
turing Company. Knox c. c. Appeal dis
missed.
22ls. Insurance Company of New York
VS.. Manufacturing Company. Knox c. c..
Appeal dismissed.
2075. Munchoff VS.. Ford. Posey c. c.
Motion to dismiss appeal overruled.
2199. C. & s.. Railroad Company VS..
Harris. Clinton c. G.. Motion to dismiss
appeal overruled.
2Os3. Hoefgen VS.. Harness. Marion C. c..
Certiorai granted.
2li3. Byers VS.. Insurance Company. AL
len S. G. Certiorari granted.
2322. l.. T.. x w. Railroad COMPANY VS..
Lipdel. Clinton G. c. Certiorari granted.
Superior Court.
Room John L. McMaster, Judge.
Oran Fought VS.. Indianapolis Gas Com
pany; damages: Jury rendered verdict of
II. Cordes VS.. s. Noble ct al; foreclosure.
Dismissed. Costs paid.
G.. ]. Marott VS.. Broad Ripple Gas Com
PENDANT for $40. 1858.
Smith W.. Perrign vs.. indianapolis Brew
ing Company; damages. On trial by jury.
Room 3-vinson Carter. Judge.
The Indiana Bermudez Asphalt Company
VS.. Arsinnoe Umbret ct al; lien. Dismissed
Fred Fuehring ct al. vs.. Henry Glottfel-
The st. Joseph County Savings Bank VS..
Samuel H. Helmer; lien. Dismissed and
William ]. Davidson ct al. VS. Theresa H.
Smith; lien. Dismissed and costs paid.
Chris f. II. Waterman VS.. Augusta Bru-
ne sara lsn, F. p conriseq v an0 Ge eoTss Ph h5o; ct
al. Dismissed at defendants costs. Judg-
Avilda Fleming vs.. William A. Fleming;
divorce. Dismissed at plaintiffs costs.
Horace Buckner VS.. Edith Buckner; di-
vorce. Dismissed at plaintiffs costs.
Jennie Franklin VS.. Philip Franklin: di-
vorce. Dismissed at plaintiffs costs.
Santa Clara Wine Company vs.. Joseph
Wambaugh: account. On trial by jury.
Arinen Yardum VS.. George S. Ferguson.
Judgment by confession in favor of plain
tiff for 81. 1893 and costs.
New Suits Filed.
Margaret A. King VS. Julian D.. Hogate:
partition. Circuit Court.
Pleasant G.. Johnson VS.. Union Insurance
Company: on policy. Room 2.