The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-16

band and wife as pass from one to the other
by virtue of the confidence resulting from
will be protected as secret communications.
1885. Smith VS.. Parker. Hendricks c. G.
Affirmed. McCabe, i'll. Where a COM
plant proceeds upon the theory OF an ac-
ton for damages caused by fraud the rep
reservations upon which the action Is predi-
Gated must be of alleged existing facts and
not upon promises TO be In the future.
The complaint must also state facts suf-
ficient from which n basis can be nxed Tor
estimating the amount OF damages. z
corporation is not bound by a contract or
one of it's stockholders. the same having
been made before the organization of the
corporation, unless after its organization IL
i'm favor of a private corporation will not
constitute a cause of action in favor Of one
of it's stockholders. 4. In order TO consti-
tute a valid agreement the parties must
express themselves i'm such terms that IL
can be ascertanied to a reasonable degree
of certainty what they mean.
Appellate Court.
21O2. Stalcup Va. L.. n. A. & C. Railway
company. Greene G. 6. Affirmed. Wiley.
1.-THE fact that "A person rides on a train
from one town TO another at different times
for a period of two years with the knowi-
edge and consent and by the invitation OF
the trainmen, but without paying fare.
does not entitle the person being thus car
ried TO the privileges of a passenger and
thus create the relation of passenger and
carrier. and in case the person. riding on
the train is injured by the breaking down
of a bridge the company VIII uol De ntpit.
2O9S. Eastin VS.. Eigenman.. Vanderburg
6. G. Affirmed. Black. J.-Where a cause
has been voluntarily dismissed by the plain
tiff and the costs have been awarded
against him and he has brought another ac-
ton for the same cause an application OK
the defendant for a stay of proceedings
until the costs so awarded have been PAID
or for the dismissal of the second action
because Of nonpayment OF such costs within
a limited time. is addressed TO the sound
discretion of the court, and THIS court VIII
not interfere with such discretion unless IL
Is shown that il has been abused
1915. p, c. c.. & St. l. Railway company
1.-The record must affirmatively show that
the long-hand manuscript OF the snort
hand report OF the evidence was nleo IN
the clerks Office before the ming OF tne
hill of exceptions. and not at the same time
or as a part of the bill OF EXCEPTIONS, IN or
der for the evidence 10 be properly In me
2046. Stealing vs.. Strouse- Marion >. =.
Appellants petition for rehearing.
superior Court.
Room John l.. McMaster. Judge
6 Perigo VS.. Indianapolis Brewing Com
pany; damages. Jury returned special ver-
~ = plavfoot VS.. ]. c.. Harrison ct al;
10 rescind contract ON trial
Room 2-Lawson NJ. Harvey. Judge.
IL. s. Monett VS.. Moses X. Fatout ct al;
note. Judgment against defendant ior
YIN. l. Elder VS.. Cornelius Browder ct
al Dismissed by plaintiI ana cOsts paid
lanes Patrick W.. G. g.. G. * St l..
Railway Company; damages. on trial by
jury. Jury out.
Room S-Vinson Carter. Judge.
Daniel Walker VS.. Henry Spielhon; lam
ages. On trial by jury.
Criminal Court.
]. +. Mccray. Judge
State VS.. Samuel Sagolosky; receiving
stolen goods. Part OF evidence heard and
case continued.
State vs.. William Perkins; petty larceny.
Six months in jail on plea OF guilty.
State W. William Perkins; grand larceny.
Taken under adVisement.
State W. Joseph BLY, and Charles Smith.
Released from workhouse on payment or
fine and costs.
New suits FILED.
Jennie NJ. Long vs.. Harvey Huston; on
account. Room l.
r. III. Eldridge. Agent. vs.. William {.
Snow: mechanics lien. Room J.
Ethan A. stanton rs. Garrett A. STAN
ton ct al; on note. Room 4
Margaret Deadly vs.. Louisa H. Schmidt
et al: foreclosure. Room =
Frank Byers vs.. Martha Brsrs: divorce
Room =