The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-17
THE COURT RECORD.
Supreme Court.

1885. Leach vs.. Rains. Howard {. &.
Affirmed. Monks. il. Where several
deeds are executed at the same time ana re-
late TO the same subject matter ana form
part of one transaction, they must be con.
strued together. ?. When a person, under
a marriage settlement. accepts deed 10
real estate, Gin lieu of and in full SatiSfac-
the real estate" conveyed on the same day
to his wife, both conveyances having been
made by means of trustee for the pur-
pose of making such settlement the person
so accepting will be bound by the condi-
tions in the deed as If he had signed an
an agreement containing the same 8:
cross complaint must state facts sufhcient
to entitle the pleader TO some aiiirmatlve
relief: it cannot be aided by the allegations
of other. pleadinEs in the action
1895. In re stroth, sheriff, ex parte
De Kalb c. c. Dismissed. McCabe: il
The code only authorizes an appeal from
final Judgment or such interlocutory orders
as are therein specified g 1t is insult
ficient to appeal from the opinion of the
lower court, but it must be from judg-
1888. Coburn VS. Sands Marion S. C.
Affirmed. Howard, c. il. After convey
ing real estate by warranty deed the
grantor cannot enforce lien upon the trust
funds derived from q railroad company. for
an assessment made against company
which it succeeds. for appropriating part OF
the real estate to its own use, the assess
ment having been made nine years DeIore
the suit is begun. z Parties TO an appro-
priation may mutually waive their rlgh oo 10
poration cannot appropriate land to its own
use without paying for it.
1877. Zimmerman VS.. Gaumer lass =;
G. Motion to dismiss postponed until maj
Appellate Court.
273. Turnpike Company VS.. Overman
Hancock c. C. Affirmed Robinson. G. j.
l. motion for a venire de novo is the
proper motion when a special verdlct mas
been returned which is so ambiguous or ull.
certain that judgment cannot be pronounced
upon it. 2. Under the act of 1895 the dis
erection exercised by a court in granting
new trial cannot exist in pronouncing or re-
fusing to pronounce Judgment upon a spec
cial verdict. 3. When special verdict IS
returned by jury it is the duty OF. the
court to pronounce Judgment in favor of the
party shown by the verdict to be entitled
to it without formal motion for judgment
thereon.
rion C. C. Affirmed. Wiley, il In or
der for a property owner 70 recover dam
ages from a municipality resulting from a
change of grade in street after 1t has been
once established by the dity depends upon
statutory authority, as there is no common
law remedy, and the act of 1891, called the
charter Of the city Of Indianapolis repealed
the statute allowing property owners to re-
cover damages in case a grade IN the street
is changed and left such owner without
remedy g If municipality act under
authority of law in making change In
street grade, and with due care, II IS not
liable for damages to an abutting properly
owner unless so rendered by statute or con-
stitutional provision. - -
2383 Dill VS. Mumford Lawrence c. =.
Motion to strike brief from files overruled
Superior Court.
Room 3-Vinson Carter, Judge.
Glenn H. Thomas VS. Lydia Drummil; APP
peal On trial by court Finding and judy
ment for plaintiff for 81 and costs IN JUS tsse
tice of peace court. Judgment VS.. pIalntlH
for costs in this court.
John G. Perry ct al VS.. Daniel Mahoney;
account. Finding for plaintiff for 80 and
The Massachusetts Mutual Life Insur-
ance Company VS.. William F. Berry ct al;
foreclosure Finding for .plaintin VS., VIM;
f. Berry for $a.33l.70 and costs: Judgmein ~
VS. VIM +. Berry in favor of James I.
Eaglestield and Alonzo E. Robins for 1854
and costs. Decree of foreclosure. :,
Richard f. Nevin VS.. Herbert r. Powell:
note. Finding for plaintiff Tor $zzL44 ana
Richard E. Nevin VS. Herbert E. Powell
ct al: note. Finding and judgment for
Frank Frank W. Keeler VS. James H. Myhan;
damage. On trial by jury.
Circuit Court.
Henry Clay Allen Judge.
State ex rel Dora Hardin VS.. Leander
Hardin: fraudulent marriage. Jury re-
turn verdict for relatrix. Judgment on YER
State ex rel Mamie Donavan VS. VIM.
Donavan; fraudulent marriage. On trial by
jury.
John McCray. Judge.
The State of Indiana VS.. William Harris;
petit larceny. Finding the defendant guilty
and nineteen years of age. Tried by court
Taken under advisement.
The State of Indiana VS.. Daniel f. Cahil
incorrigibiity. Defendant twelve years of
age. Discharged until further orders Of
court
The State of Indiana VS. Rosa Wilson,
grand larceny. Defendant withdrew plea of
not guilty and pleaded guilty. Finding de-
PENDANT fifteen years of age March 10, 1897
Under advisement.