The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-17

jority Of the legal voters OF the township.
or ward. provided Il Is signed by such ma
jority, and that fact is duly proven. = In
the absence Of the demurrer from the rec,
ord. no question as 10 the action OF the triai
court in sustaining IL will be considered on
appeal. .. II Is not error TO refuse 10 per-
nit an amendment of a pleading which -
already sufficient i'm the particular I'm which
answer to a remonstrance against granting
a license TO sell intoxicating liquor Is "A
Paeaoing not ~ontemplated Dy law III ne
fuse To permit one to be died.
RECEIVER - VACATION APPOINT
MENT-NoTICE OF APPEAL
1906. Laporte G. c. Cole et al vs..
i. Where an interlocutory order appointing
a receiver Is made IN vacation and II Is
sought TO take an appeal i'm vacation in the
absence of the party procuring the order.
notice OF the appeal must be given as in the
case of other vacation appeals. >. Such no
tice must be given within ninety days after
the appeal IL taken or the appeal viii be
dismissed under Rule IS. 3. This pres
enee of the adverse party when the appeal
il taken is ac$ual notice. and dispenses with
formal notice of the appeal.
laS4l. Sullivan &C. Huson vs. Bing. re-
ceiver. etc. Petition for rehearing over
ruled.
Appellate Court.
WATER COMPANY-USE OF WATER
DAMAGES.
1881. Porter c. {. Valparaiso City Water
company VS.. DlckONeT- A1lfmGd.f BiHck.
il. The question whether one riparian
proprietor is diverting more than a reason
able quantity of water from a stream or
lake Is not to be determined by the require
ments of his business. but by determining
whether his use is reasonable and proper
tionate with reference TO the quantity or
water usually i'm the stream or lake. and
whether the complaining riparian owner Is
substantially damaged and deprived OF his
reasonable use or the water. 5. The diver
sion of water by a water company TO sup
ply a town Is an extraordinary use. which
can only be exercised reasonably. 3. A
water company is liable to a riparian own
er for the special damage sustained by him
from Its excessive use OF water from a lake
in a dry season which affords an ample
supply for all in ordinary seasons.
AGENT-FRAUD-STATUTE OF LIMI.
TATIONS.
Ills. Daviess G g. Day VS.. Doges ct al.
Afhrmed. ,Comstock. c. il. A principal
agent. TO rely upon the agents statements
as to whether he has performed an act
Wnlch ne as agent undertook to perform. =.
III, IN fact, the act was not performed. and
a right of action i'm favor of the principal
grows out Of the delinquency. the statute
OF limitations will not begin to run against
the principal until the discovery of the mis-
representations or fraud of the agent. 3
Where the agent of a money lender. who
was also county auditor. received of n Dor
rover from the money lender a sufficient
portion of a loan made to him to pay of a
prior prdlf school fund mortgage; and then: as
satisfied. but failed 10 pay the money into
the county treasury, the mortgageor may
upon being compelled to pay the school
fund loan, recover from the money lender
the amount so paid. 4. The statute OF limi-
tations in such case runs from the discov-
cry of the fraud by the mortgageor.
DECEDENTS' ESTATE-APPEAI-DE-
VISEES' LIABILITY.
2117. Floyd c. G. Atlas National Bank
VS.. Culbertson ct al. Appeal dismissed.
Henley, AN appeal in an action to en-
an estate is discharged a claim for which
the estate only would have been liable, but
for which, it is sought to hold the devisees
liable to the extent of the property received
by them from the estate. must be taken un-
der Sections 2454 and 1856, r. s. 1871, and
must issf. be RBe entSa I within M forty days
Sheetz. Petition for rehearing overruled.
Superior Court.
Room John l.. McMaster, Judge.
p. G. Jacobs VS.. Christian Wiese: note.
Finding and judgment for plaintiff for
Raphael Kfrshbaum VS.. John Yatout ct
al; on contract. on trial by court.
Room 2-Lawson NJ. Harvey, Judge.
Thomas p. Mills ct al. VS.. Lowe Carey:
note Judgment against defendant for
$2S6.1 10 and costs.
Josephine Fingerly VS.. Henry Ffngeriy:
divorce. Dismissed at plaintiffs cost.
William Thorne VS.. Abattoir Company
ct al: damages. on trial by jury. Jury out.
Finding for defendant.
Room 3-vinson Carter. Judge.
Maud NJ. Mankin VS.. Collins Bedford:
damages. On trial by jury.
Circuit Court.
Henry Clay Allen. Judge.
Edward II: Eldridge, agent. VS.. Fred
Hoehler ct al. Dismissed and costs paid.
c.. NJ. Parker VS.. BENJAMIN Bernarce ct
al. Finding for plaintiff against defendant
for SELF and costs with relief.
+. =. McCallum VS.. George V. Bedell;
default. Submitted TO court. Evidence
heard. Finding for plaintiff. Judgment
In re petition of Jane Riley for change
of name. Submitted to court. Evidence
heard. Finding and order changing name
m c. Jacobs VS.. William sloan's
estate. Claims settled and dismissed at
Thomas f. Harvey VS.. Charles IT.. Black.
Plaintiff dismisses cause. Judgment against
plaintiff for costs.
Criminal Court.
John c. Ruckleshaus. Special Judge.
State VS.. Henry Tuigert; grand larceny.
Defendant released on bond.
State VS.. Henry Smith and John Dickson:
selling liquor on Christmas. Trial by court.
Guilty as to Dickson.
State VS.. Henry Smith; selling liquor on
Sunday. Trial by court. Not guilty.
State VS.. Mollie Smith and Marion David
son; grand larceny. Trial by court. Taken
State VS.. Louis Burkhart; selling liquor
after IL p. m; Trial by court. Fined $40.
State VS.. John G%raebner; violating Sec
| ton 4 of the Nicholson law. Motion to
quash indictment overruled.
Smiley n. Chambers. Special Judge.
William II. Ludwig files information and
affidavit for contempt of court proceedings
against Prosecutor Charles s. Wiltsie,
Gavin l.. Payne city editor of the Journal.
and Walter a. Royse, court reporter or
the Journal.
State vs.. Charles Ludwig. State files bill
OF exceptions.
New suits Filed.
United States Building and Loan %Institu-
ton VS.. Mary IL. Williams; foreclosure.
Room 1.
Louis Schultz VS.. John Bolander; fore
closure. Room /.
Henry Mccoy VS.. James Mccoy; TO set
aside will. Circuit Court.
BERTHA Nav Whitehead VS.. Harry T.
Whitehead: divorce. Circuit Court.
NJ u