The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-19
THE RECORD.
Appellate Court.
OBSERVATION-DISCLOSURES NOTE-AT.

TORNEY FEES.
2056. Fountain c. c. Snoddy VS.. Wabash
J. Henley, j. dissents.-1. A school town
ship which has, through its trustee, exc
cuted its note In the usual form providing
for attorneys fees for a valid debt which
it had the power to incur, will not be held
liable upon the agreement to pay attorney
fees. ?. Excepting where the law clearly
be held to have authority to bind the school
township for payment for anything but the
property it actually receives.
APPELLATE COURT JURISDICTION
TRANSFER OF CASES.
1852. Jay C. c. Pittsburg. c.. c. & St. L.
Railway Company VS.. Hays ct al; motion
to vacate judgment overruled. Black. j..
l.. If il be shown TO an appellate court
void. a proper concern for its own dignity
as well as a due regard for the rights OF
parties will induce il TO set aside it's in
valid decision. If il can do so without de-
parting from established rules of law. 2. In
determining whether a question was in
yolved in this case which took 1t out of
the jurisdiction of the Appellate Court, not
only the opinion. but the record and the
briefs filed on the original hearing may he
consulted, but no regard will be had 10
the briefs or opinion on rehearing. 3. Merely
saying in a long brief with regard To an
assessment Of railroad property for street
improvements. that IF liable. IL must be
because the statute has so provided. and
that the Legislature had the right TO so
enact. This proposition we deny. Private
property can only be taken" etc. and add
ing that the Improvement of the street
AUDITING on the right of way of Il railroad
car in no sense benefit the railroad" is
not such an OF the constitutions
ality of the statute as to require that the
case be transferred to the Supreme Court.
when no suggestion or request for such
transfer is made by counsel.
Circuit Court.
Henry Clay Allen. Judge.
Lombard Building and Loan Association
-. Ha.tt Tn 49, nt al lord K paRLlnG
withdraw appearance.
State of Indiana ex rel. L. w. Fields VS..
Mabel Hall. Dismissed. Judgment vs.. Ma
indianapolis Manufactures and Carpen-
ters' Union. Dismissed and costs paid.
Room John l.. McMaster. Judge.
General Electric Company VS.. Lew Wal
lace. jr.; account Dismissed at piaintins
Henry Zeigler VS.. Chas. Grossly ct al.
foreclosure. Finding and judgment for
Roache on cross-complaint vs.. Chas. Cros-
w Roland Il. Chopper. Amelia Cropper and
Adam r. Boyd for SS3s.
Room 2-Lawson NJ. Harvey. Judge.
Anheuser Busch Company VS.. Casper
| SchmalIholz; notes. Dismissed and costs
Louise ALBRIGHT VS.. VIM. Mohs; damages.
Jury returned for plaintiff damages In
Daniel Foley VS.. Indiana Cooperage Com
pany: street improvement lien Dismissed
/ and costs paid.
Room s-vinscn Carter. Judge.
Maud NJ. Mankin VS.. Collins T. Bedford
Nj. D.: damages. Gone TO the jury.
Winfield 5. Smith Va. Lizzie Smith: df-
vorce. Dismissed at plaintiffs cost. Judg'
ment VS.. plaintiff for costs.
Criminal Court.
Smiley y. Chambers, Judge pro tenn.
State vs.. Charles @. ludwig. DefendanI
files motion and AFFIDAVIT for change OF
venue from the county.
State VS.. Charles :. Wiitsie ct al; con,
tempt of court. Defendants enter specia
appearance and file motion for discharge
of rule.
New Suits Filed.
Mary Frances vs.. David X. Smith: Ill
yorcc. Room i.
Wesley Edwards VS.. Malinda K Edwards
divorce. Room ?.
! The State OF Indiana ex rel. Elmer +