The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-15
THE COURT RECORD.
Supreme COurt.

| 1921 Sonntag VS.. Klee. Vanderburg c..
c. Appeal dismissed. Howard, J.-When a
party accepts the benefit of a judgment by
| disposing of the property found by the
court to belong to him, he cannot appeal
from that part of the judgment which was
against him, the appeal must, of neceS-
sity, be from the whole decree.
1853 Noftsger VS.. Barkdall Upton G. c.
Affirmed. Monks, il The mere fact that
the owner of real estate has known that an
adjoining property owner is using the land
OF the former. by permission of his agent,
as a driveway and does not object to such
use, is no more than a license which is re-
vokable at pleasure. 2. Where the agent
of the owner of real estate informs the pur-
chaser of adjoining property that he can
use the adjoining property as driveway
until they are fenced and that in his opin-
ion they would not be fenced while used for
certain purposes, in the absence of any
knowledge or consent of the owner creates
no binding obligation on him.
Appellate Court.
2542. Blake VS.. the State. Henry c. c.
the statute in criminal pleading with refer
ence to the contents of an information do
not require that it include statement that
the affidavit was made by competent and
reputable person. 2. In charging a statu-
tory offense it is sufficient as against mo-
ton to quash to charge the offense in the
language of the statute or in terms sub
stantially equivalent thereto. g. Where q
person is charged with unlawful!y inter
ruptlng, etc, a collection OF inhabltants
met together for lawful purpose it is
not necessary that the purpose of the meet
ing be shown.
Gould. Laporte c. c. Affirmed. Heniy j.
Il. The fact that the court instructs the
jury upon the law of the case, where a spe-
cial verdict has been ordered returned, will
be merely harmless error, for which the
cause will not be reversed. 2. The sworn
statement of the plaintiff prior to the filing
of the suit wherein he shows that the fire
for which he claims damages originated
upon his premises should only tend to affect
his credibility az a witness when he shows
that the fire originated upon the defendants
right of way. 3. Evidence of similar fires.
on the same day, caused by the same train.
is competent to show a careless operation
OF. faulty construction of the locomotive
which set out the fire which destroyed the
property of the plaintiff.
Superior Court.
Room John L. McMaster, Judge.
Daniel Foley VS.. c. johnson ct al i'm
Charles l.. Clancy VS.. Corydon Sinner;
damages. Plaintiff dismissed. Judgment
against plaintiff for costs.
Frank Mowers VS.. Charles Nuerge; dam
ages On trial by jury.
Room 2-Lawson NJ. Harvey, Judge.
Indiana Construction Company vs. Henry
Long ct al; improvement lien. Dismissed
Costs paid.
Mollie Ensminger VS.. John Ensminger
divorce. Dismissed at cost of plaintiff.
Room 3-Vinson Carter Judge
Clinton c.. Hicks VS.. Daniel Shayne; note.
Dismissed. Judgment against plaintiff for
Circuit Court.
Henry Clay Allen, Judge.
A. f. Shirts VS. James /. Rockers estate
Jury instructed to retire and return verdict
for defendant.
c. H. Rosebrock VS.. William Sloans es-
tate. Allowed by administrator for 500 and
costs against estate.
William Wildridge VS.. EMS Champ. APP
peal. Submitted for trial by jury.
Criminal Court.
John f. McCray, Judge.
State of Indiana VS.. Guy e. Blume: as
sault and battery Appeal from justice
court Finding of not guilty.
State of Indiana VS. John L. Evans; car
rying concealed weapons. Appeal from
justice court. Finding of guilty. Fine OF
So assessed.
New Suits Filled.
Mary Jane Scott VS.. the Pettis Dry Goods
Company; damages. Superior Court,
Room /.
George Hidden VS.. Isabel Hidden; divorce.
Superior Court, Room 8.
German-American Building Association OF
Indiana VS.. the Trustees of Antioch Baptist
Church ct AL; suit to foreclose mortgage.
Superior Court, Room /.
Hiram p. WATSON VS.. Patrick A. Nc
Donald; suit for possession. Superior
Court, Room 3.
Indianapolis Paint and Color Company
vs. Margaret Carey ct al; mechanics lien.
Superior Court Room 2.