The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-16

is pot, on appeal. an available error, as
mere suiplushge in the record will not
judgment of the court conforms to it's con-
clusions OF law, and there is no assign
ment that the court erred in its conclusions
OF law, no question can arise 10 rulings
made on motions for judgment by either
party 4. The conclusions OF law upon the
facts found being taken as correct the
judgment following in accordance there
with must be taken as correct. s. Where
the error assigned is that certain findings
are not supported by the evidence in order
to be available must be considered only as
reasons for new trial. s. Where school
funds are raised. no matter from what
source, as soon as they are placed in the
hands of the treasurer they become one
fund, TO be used only for the payment OF
the teachers. Z. Local tax tuition is SUBJ
ject TO the same rules and regulations as
funds arising from taxation for common
school purposes, except that the local fund
shall be applied and expended in the local.
ity where it has been collected.
1SOSS. Working VS.. Gam. MarshallsC c.
Affirmed. Hackney, il. Where d motion
is made TO strike an answer from the files
on account of certain defendants not at
tending an examination, under the statute,
and one of the parties files an affidavit.
which is considered by the court i'm passing
upon the motion. such affidavit should be
in the record when the overruling of the
motion is assigned as error, as it is the
duty of this court to presume that the facts
stated IN the afhdavit supported the ruling
OF the lower court ?. An answer by one
should not be stricken from the files for
refusal TO answer questions submitted upon
examination if one of the parties adverse
to the examining party mas not been noti-
fled. g. Where after the submission of
cause and before the finding is made. a
party moves FOR the purpose of introducing
additional testimony, he must show that he
exercised due diligence to secure the evil
dence at the proper time. 4. conclusion
Of law need not embody proposition OF
law, but may be stated generally or spe-
cially as the conclusion which, under the
facts found, is required by the law. 5. The
fact that an adversary produces evidence
IL ~ ri nj =
surprise" is contemplated by the
statute. s. Where a husband joins with his
Wife IN the conveyance Of the latter's land,
good faith on his part is not essential to
the validity of the deed.
1886. Manor VS.. Stoltz. Jay c. c. Leave
granted to file amended assignment of err
1Slo4. Clark Company VS.. Union National
Bank. Grant c. c. Submitted on call I'M
1879. Reese VS.. Real Estate Company.
Vigo c. c. Transferred TO Appellate Court.
Appellate Court.
2309 Civil Township VS. Rust. Bartholo-
NEW c. c. Reversed. Robinson, 1.-The
act of March ). 1891, wherein it was pro-
vided that the moneys derived from the
taxation and registration of dogs should
be applied to the payment of damages sus-
tanned by the owners of domestic animals
manned or damaged by dogs, was repealed
by the act of March g. 1891, in so far as the
money should be used for tie payment OF
damages to stock other than sheep.
22l7 Seiss vs., c., G., G; St. L. Railway
Company. Elkhart c. G.. Affirmed Com
stock. Ut must affirmativey appear from
the record that the filing of the manuscript
of the evidence occurred before it was in
corporated in the bill of exceptions and
that the bill of exceptions was filed with
the clerk after having been signed by the
trial judge, in order TO bring the evidence
in the record.
9Ol6 Glass Company VS. Brakeman.
Madison c. c. Reversed. Wiley. c. III.
When a complaint ayers a settlement at a
certain time between the parties to the ac-
ton the evidence must show that such set
tlement took place. 2. When the evidence
shows that the Judgment of the trial court
was wrong 1t will be reversed. g. Under
the statute it is not necessary in a term
time appeal to secure coparties, either rs
appellants or appelees, in the assignment
1857. Paxton VS.. vincennes Manufacture
ing Company. Sullivan c. c. Petition for
1883 Smith VS.. Gaetz. st. Joseph c. G.
Motion to strike out postponed until final
hearing.
Room 2-Lawson NJ. Harvey, Judge.
Henry T. Noting VS.. Mary A. Mathews:
street Improvement lien. Judgment against
defendant for $780, and costs.
Glenna Gray VS.. William Gray; divorce.
Decree granted plaintiff and judgment
against defendant for $25 attorneys fees and
Edwardsport Coal and Manufacturing
Company VS.. O. l.. Norman; account. JudE-
ment against defendant for $3.50 and costs.
Room 3--Vinson Carter, Judge.
Carl A. Evcrtz VS.. Kahn Tailoring Conn
pany; appeal. On trial by court.
Circuit court.
Henry Clay Allen Judge.
William Wildridge VS.. Ennis Champ; APP
peal. Jury returns verdict for plaintiff for
$10S. Judgment on verdict.
On motion of Attorney Smiley n. Cham
bers, Gurley Brewer is admitted to the bar
of the court.
Fanny Coleman VS.. Mary A. Sullivan; APP
peal dismissed for want of prosecution.
Judgment against plaintiff for costs.
George A. kirkpatrick vs.. Carlan Hamlin;
appeal. SubpIitted for trial by jury.
New suits Filed.
Cassius M. Miller VS.. The Pittsburg Gin
cinnati Chicago & St. Louis Railway Com
pany; damages. Superior Court Room 2.
Marion Manufacturing Company VS. FRANK
r. Harding; suit on notes. Superior Court,
Room 3.
for partition. Superior Court, Room 3.
william Snow VS. David G. Bryan ct al;
mechanics lien. Superior Court Room 8.
FIetcher-avenue Savings and Loan Asso-
citation VS. Mary f. Wilkins ct al; suit TO
foreclose mortgage. Superior Court, Room !.
Marcus l.. Hare VS.. George w. Coble Jr.;
suit on notes Superior Court Room /.
Clinton L. Hare VS. Malcolm A Mcdonald;
suit on note. Superior Court, Room 2
Indiana Bond Company vs.. Dave ). Dun
lap ct al; sewer lien. superior Court,
indiana Society for Savings VS.. Major Is.
Gleason ct al; suit to foreclose mortgage.
Superior Court, Room 3.
Pensions for Veterans.
Certificates have been issued to the fol-