The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-28
THE COURT RECORD.


lSOf3 BTunson VS.. Henry. Marion s. G.
AnlrmeC. Monks, il. All questions pre-
scented by the record of a cause and de-
clded by court of last resort, becomes the
law of the case, and is binding upon all the
courts and parties through all subsequent
stages of the case, whether the question
arises each time in the same manner or
not. z When the finding in a foreclosure
SUIT sets forth copy of the mortgage
sued upon the mortgage becomes an infer
entail fact. 3. When ii is sought to fore
close mortgage and 1t is alleged in the
complaint that some of the payees of the
debt secured by the mortgage had died in
testate, leaving no debts and that no adj
minlstrator had been appointed over their
estates, under such allegation the mortgag e
may be read in evidence without first Show
ing that the estates of such decedents have
been settled
1907 Thompson VS.. Kreisler Clinton c. c.
Reversed: Hackney, J.-When an action is
brought in two paragraphs of complaint;
first, to quiet title to real estate; second,
for possession and damages for the wrong
ful detention of the real estate, and the eff
is a confession of the cause of action
pleaded, it is error to grant a new trial to
I the defandant as a matter of right, and
where the issue involved in the second par
agraph is the right of possession, with or
without damages, there being no element
entitled to a new trial as of right.
1922 Terre Haute & Indianapolis Rail-
road Company VS.. Mason. Clinton G. G.
Petition for rehearing oyerruled.
Appellate Court.
2239. Building and Loan Association VS.
Paxton. Jay G. G. Affirmed. Comstock, j.
l. A mechanic or material men may have
lien for articles furnished at different
times under different contracts as to such
articles furnished within sixty days next
preceding the filing OF notice of inten-
plant for foreclosure of the lien does not
aver that all the articles We're furnished
under enc conitrhac5 but shows e, that one ne
the filing of the notice, the complaint
states a cause OF action. 2. The evidence
must be properly in the record in order to
determine questions dependent upon the evil
dence. 3. The court takes notice OF the
terms of the Circuit Courts Of this State
T. Exec ptions must be reserved to rulings
at the term at which they are taken, unless
at that term further time is given.
1926. Chicago & s. E. Railway Company
VS.. Daily Boone G. G. Affirmed. Henley. J.
Il When q complaint states q cause Of
action and on appeal no question is dis
eussed except the suficiency or the COM
plant all other questions are waived. z
When Judgment is rendered by default any
defect in the complaint which would be
available as a ground Of demurrer before
Judgment, can be taken advantage of in
1886. Taylor VS. Moore Rush C. c. Ger
Superior Court.
Room John L. McMaster, Judge.
william Fender ct al VS.. James Lanb-
tree; note. Jury out.
Room 3-Vinson Carter. Judge.
Mile Daniels VS.. Charles A. Daniels; d.
vorce. Dismissed by plaintiff. Judgment
against plaintiff for costs.
Robert E. Mccoy ct al. VS.. James i. Bar
nett; appeal. Finding and judgment against
defendant for $50 and costs.
j. d. HasS vs. w. d. West ct al. lien
On trial by court
Circuit Court.
Henry Clay Allen, Judge.
Emma Kimball VS.. Bernard j. Mueller;
SANDER. Evidence concluded argument
Wesley Allen VS.. George Railey's estate.
Dismissed at costs Of estate.
Frances Mueller VS.. Oscar Mueller; di-
vorce. Dismissed at cost of plaintiff.
Criminal Court.
John F. McCray Judge
State of Indiana VS.. Ernestina Mertz; ap-
peal Assault and battery Fined S. and
imprisoned in workhouse for seventy days.
State of Indiana VS.. Charles Dolierhide:
Fined S..
State of Indiana VS. George Wolf; in
corrigible. Cause taken lnder advisement.
Defendant discharged until further order of
court
State of Indiana VS.. Frank Anderson;
burglary and petit larceny. Plea of guilty
to both counts. Imprisonment in Indiana
Reformatory two to fourteen years. Dis
franchised two years and fined S..
grand larceny Defendant pleaded guilty
to petit larceny Sentenced to Indiana
Reformatory one to three years and
New Suits Filed.
Plymouth Savings and Loan Association
No VS.. Daniel Miller ct al; suit to fore
close mortgage. Superior Court, Room l.
William I. Ripley VS. Katherine Garnett;
suit to revive judgment. Circuit Court.
August Krasbowitz vs. Ida G. Willard;
damage suit. Superior Court Room 8
George Strobei ct al. VS.. Holt Ice and
Cold Storage Company; damage suit. Su-
perior Court, Room 2
Casper Hess vs. Charles w. steierberg.
tr.; suit on account. Superior Court,
Room 3.
Laura futile vs. Edward Tuttle divorce.
Superior Court, Room l.