The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-11
THE COURT RECORD.


Board OF Commissioners VS.. PI0tner. Pu-
laSki G. G. Reversed. Hackney, J.-When
in the construction of a public ditch pur-
Suant to the act of March, Z, 1891 (ActS 1891,
p. 49, r. S. 1894, Sec. $3.50, ct sep, land
owners stand by and allow the ditch to be
constructed and from which their land is
benefited they will be estopped from deny
ing the legality of the law under which the
1894. Building and Loan Association VS..
Meats. Marion 5. G. Affirmed McCabe,
jim an action by building association to
foreclose a mortgage where the purchase
money mortgage is waived in favor of the
one sought to be foreclosed, which was to
secure money loaned for the purpose of en-
abling the mortgagor to place Improvements
of a certain value and character upon the
real estate, and where on account of the
Improvement being made certain mechanics
liens were allowed to accrue against the
property and where judgment liens exist
against the property prior TO plaintiffs
mortgage in marShalling the assets upon
foreclosure the amount OF the mechanics
liens should be deducted from the purchase
money mortgage waiver and charged to the
association.
1894 Helwig VS.. Beckner. Marion S. c..
Mandate modified. Per curiam.-When
upon reconsideration Of a record the court
judgment has been reversed and directing
judgment on the special verdict, that new
trial should be awarded the mandate will
be modified.
Appellate Court.
1888. Hinesley VS.. Sheets. Benton c. G..
Affirmed Henley, jim an action for SLAM
der, when it is distinctly averred in the
complaint that by certain language spoken
the defendant charged the plaintiff with
the crime of larceny, and the words Were
so understood by those hearing them, the
complaint will withstand a demurrer.
2222. Indiana Iron Company vs. Cray.
Delaware c.. c.. Affirmed. Black, il
Where manufacturing establishment en-
ploys certain persons to represent it in the
for the injuries caused by their negligence
in providing a safe place for the employees
to work. 2. The fact that a person is EN-
ployed to work in a factory by a person in
charge of the department in which he
works does not prevent the employe from
being a servant of the principal 3. An in
dependent contractor is not a servant OF the
employer, but is one exercising an indie
pendent employment under a contract to do
certain work by his own methods without
except as to the product or result of the
work. 4. The mode of payment is a circum-
stance in solving the question whether the
relation of servant and master exists, but is
not decisive. s. The fact that work is to be
done under the direction and to the salts
employer does not of itself render the per-
son contracted with to do the work a SER
want. 6. The servant of one. person may
sometimes be regarded as a fellow-servant
of the servants of another person.
2299. Land and Improvement Company VS..
Reddck. Randolph C. c. Petition for re-
227S. Accident Insurance Company VS..
Reds. Delaware G. C. Appellant files mo-
ton to modify opinion.
Superior Court.
Room 2-Lawson M. Harvey, Judge.
Amanda FARRELL VS. City of indianapolis
defendants.
Granville NJ Ballard VS.. Chas P. Staub:
note. Judgment against defendant for $sS.17
The Importers and Traders National
Bank of New York VS.. Eugene Renard ct
al; note: Judgment against defendant John
ard for on nnCfC
Fraternal Building and Loan Association
VS.. Emma ODonnell; foreclosure Judg-
ment against defendant. for, 81 7o2,7 and
costs in favor of plaintiff, and Si2S.75 attor-
neys fees. Foreclosure and sale ordered.
Kate A. Dawson VS.. Samuel G. Dawson
habeas corpus On trial by court.
Room 3-Vinson Carter Judge.
D. K Wilson VS.. Consumers Gas Trust
Henry Okey VS.. S. p. Hamilton;. appeal.
Jury returned verdict for plaintiff for $50. so
and costs of ]. p. court. Judgment against
plaintiff for costs in this court.
Circuit Court.
Henry Clay Allen, Judge.
Flora Hollett VS. Minnie OFT ct al; on re-
plevin bond. Submitted to trial by jury.
Evidence heard.
Criminal Court.
The State of Indiana VS.. William Trues-
dell. Defendant filed motion for new
trial.
The State of Indiana VS.. George Moore
profanity. Defendant arraigned. Plea Of
not guilty. Tried by jury. Verdict of gull
ty. Defendant fined 81 and costs.
The State of Indiana VS.. Sidney Bracket:
obstructing the highway. Appeal from Hay,
J. P. Tried by jury Verdict of acquittal.
New Suits Filed.
Samuel V. Perrott VS.. Sarah E. Hall; suit
on note. Superior Court, Room 3.
Amanda J. Burgess VS.. John Burgess; suit
for divorce. Superior Court, Room g.
Ellen Clark vs.. VIM. E. Clark; suit for d.
vorce. Superior Court, Room /.
Frederick Gardner VS. The Columbian Re-
lief Fund Society; suit on policy. Superior
Court, Room g.
VIM. E. English VS.. Lavina Streight ct
al; suit to foreclose mortgage Superior
Court, Room 3.
Frank L. Dougherty ct al. vs. VIM. o.
Leonard ct AL; suit on contractors bond.
Superior Court Room ].