The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-18

chattel mortgage given to secure a certain
note; that they divided the property be-
tween them. plaintiff taking part and
agreeing To pay certain debts and pay de-
PENDANT certain money. and defendant TAX
ing the other part of the property. agree
ing 10 pay the note secured by the chattel
MORTGAGE; that defendant failed TO pay
such note, wherefore the chattel mortgage
was foreclosed and plaintiffs share of the
property was sold to satisfy 1t, and that
defendant sold and disposed of his share of
the property, and converted the proceeds
10 his own use. states a cause OF action
without an averment that plaintiff has per-
formed all the conditions of the agreement
under which the property partnership was
divided. = Where a party has received n
partial benefit from a contract and the part
that remains unperformed by the other
ages. he is liable to action for damages for
his own failure TO perform.
PRACTICE - NEUTRALITY-SUSPICIOUS.
EVIDENCE.
1888. Delaware c.. c.. Sanders. admins
tratrix. VS.. Hartge ct al. Reversed. Wiley.
il After defendant has demurred TO
pialntiff $ complaint. the demurrer has been
sustained and plaintiff has amended and de-
1ehdanI mas flled an answer IN bar and the
plalntlff has again amended. II Is too late
10 tnterpose a plea in abatement. 2. Public
officers are presumed TO have done their
tate Is shown TO have been filed before the
beginning of the term preceding that at
which the defendant administrator APP
peared to the action, ii will be presumed
docket and transferred from that to the
issue docket. as required by law in the case
OF claims against an estate. 8. The entry
OF "a geheral appearance WAVES irregulari-
ties in the commencement of the action,
such as a failure to have the claim filed
and placed on the appearance docket. 4.
Where the complaint counts upon a spe-
cial contract, the plaintiff is not entitled to
recover upon any other theory, but must
fail unless his evidence proves the existence
of the contract.
Superior Court.
Room 2-Lawson NJ. Harvey, Judge.
Bank of North America VS.. Charles Styer;
attaGhment DISMISSED and costs paid.
ages. On trial by jury. Jury out.
Room 3-vinson Carter. Judge.
Daniel Foley VS.. Dora S. Mossler: lien.
Finding for plaintiff for $40 and costs.
Daniel Foley VS. Peter H.; Noon: lien.
Henry L. Noting VS.. George w. Hall;
lien. Finding for plaintiff for 5000 and
costs.
Thomas p. Mills and Samuel Small VS..
Charles n. Kellogg. Finding for plaintiff
against defendant for $2S2,6 and costs.
bond. Judgment on verdict against w. F.
A. Bernheimer and w. W.. Spencer for
$137.7 20 and costs.
Maud Nj. Mankin VS. Collins T. Bedford:
damages. On trial by jury.
Circuit Court.
Henry Clay Allen, Judge.
Mary A. Sullivan VS.. George l.. Sullivan.
Appeal dismissed by defendant. Judgment
against plaintiff for costs.
The r. l.. Burdock Company VS.. Martin
l.. Mowrer; suit on account. Submitted to
court. Evidence heard. Finding for de-
PENDANT. Judgment against plaintiff for
costs.
Criminal Court.
John G. Ruckelshaus, Judge Pro Tenn.
State VS.. Mollie Smith and Marion David
son. Trial by court. Not guilty.
State VS.. Mabel Scott and Henry Scott;
grand larceny. Mabel Scott withdrew plea
of not guilty and pleaded guilty. One year
in Henry Scott discharged.
State VS.. Otto Tanner and Charles Hicks;
burglary. Trial by court. Finding guilty.
Defendants, being minors, released on sus-
pended sentence.
New Suits Filed.
William Brown VS.. Anna Vetter ct al;
fraud. Room 8.
William II. Messenger VS.. Harry Pruitt;
replevin. Room l..
Samuel S. Rhodes VS.. Orval d. Cosler ct
al; foreclosure. Room 2.