The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-04
THE COURT RECORD.
AnneIIate Court.
CLERKS BOND-LETTERS OF GUAR
DIANSHIP-CONVER


IP-CONVERSION.
217O Hamilton C. c. State ex rel vs.
Christian ct al Reversed. Robinson, j.
/. Where a complaint which has been held
good on one appeal is amended by chang
ing the phraseology only, but without sub
stantially changing the character of the
pleading it must be held good through all
subsequent stages of the case 2. The law
as laid down on one appeal of a case re-
mains the law of that case until it is finally
disposed of. 3. Where the judgment rem
dered in a bastardy proceeding directs that
the money be paid TO some one other than
the mother, 1t must be presumed that the
court found her not to be proper person
to receive it, although the judgment does
not so state. L. A clerk of the Circuit
Court who issues spurious letters of guar
dianship to one who has not been legally
bond, and thus puts it in his power to de-
mand and receive money due his supposed
ward is liable on his bond for the loss stls-
tanned by the child from his improper APP
plication of such money or converting 1t to
his own use.
EVIDENCE - ADMISSION - PREJUDI-
CIALI ERROR.
1852 Cass C. G. Elwood Iron Works, etc,
VS.. Stevens etc. Reversed COmStock, j.
/. A written statement made by person
not a party to the record, in the absence
of the defendant, and seven hours after
the close of the transaction to which 1t
relates is not admissible on behalf of the
plaintiff to prove the facts therein stated.
3 Where the facts therein stated were
material and we're not otherwise proven, IL
must be presumed that the error In admit
ting such statement in evidence was preju-
dicial. g. An error IN the admission of
evidence on a material point will be deemed
prejudicial unless the record shows the
contrary. 4. Where the cause went to trial
on issues found on a cross-complaint ask
ing damages for loss by reason of the cross
complainant having to pay $3.50 damages
for delay in completing building due to
the alleged failure of the other party to
furnish a steam radiator at the time he
contracted to furnish it, written state
ment of the owner OF the pullding certity-
ing that such delay occurred from such
cause, and that the cross-complalnant PAD
$3.50 damages on account of the resulting
delay in the completion Of the building, is
not admissible as evidence to prove the
allegations OF the cross complaint
1884. Jay c. G. Board, etc, Jay County VS..
2153 Bartholomew c. G. Ohio Farmers
Insurance Company VS.. Bevis. Petition for
e 3312 Madison c. c. Garrett VS. State ex
rel. Huntsinger. Transferred to Supreme
Superior Court.
Room John L. McMaster Judge.
Laura E. Williamson VS.. Dina Kiser. ct
al: to quiet title. Plaintiff dismisses at her
co las NJ. Morton VS.. Antioch Baptist
plaintiff for 's130S.92.
Room 3-Vinson Garter, Judge.
The Hartford Saving and Investment
Company VS.. John Furnas ct al; fore
closure Finding and judgment Tor plalntin
VS. John Furnas for $3,66551 and costs.
Frederick Schmed VS.. Henry Hagedorn ct
al foreclosure. Finding and judgment for
plaintiff VS.. Henry Hagedorn for $l,6S3.47
and costs
New ACCOMPLISHMENTS Saving and
oan Association VS.. James L. Carter ct
al: foreclosure. Finding for plaintiff for
Circuit Court.
Henry Clay Allen, Judge.
Marion A. Lynch vs.. James G. Hunter
on claim of III N Wyatt. Disallowed
judgement VS. claimant for costs and re-
ceiver ordered to make final report of his
trust.
New Suits Filed.
Marv c. Carson VS.. Rachel L. Miles ct
nj s,iit to ouiet title. Circuit Court.
William r. Gentry VS.. John H. Holiday
et al: suit for damages. Superior Court,
Room /. - -,
suit on contract. Superior Court, Room 3.