The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-18
no such appeal were provided for. The case
came up on the foreclosure of an improve
ment lien in Greenfield,
THE COURT RECORD.
supreme COurt.


1877 Sutherlin VS.. State of Indiana.
Marshall G. c. Reversed Hackney, il.
A court in an indictment which charges
that the defendant did then and there IN
premeditated malice, kill and murder one
William b. B. Fetters, by then and
there unlawfully, feloniously purposely,
and with premeditated malice, shooting at
and against and thereby mortally wounding
the said William E. B. Fetters with
a certain deadly weapon called a revolver,
then and there loaded with gunpowder and
leaden ball. which said revolver he, the said
William Sutherlin, then and there had and
held, in his hands, and by then and there
feloniously purposely and with premedi-
tated malice, cutting. bruising, striking. and
thereby MORALLY wounding the said VIII
and manner and by some means, instru-
ments and weapons to the grand jurors I'M
known, OF which mortal wounds, inflicted
William z. B. FetterS," then and there in
stantly died, is not bad on the ground of
repugnancy. 2. The constitutional right Of
the defendant, charged with crime, to sub
NIT disputed questions of fact, involving
essential elements of the case, to the jury,
is a substantial right, and when it is in
vaded by the trial court this court has no
right to hold such invasion harmless. 8.
An instruction to the jury that, If you find
from the evidence that the human body
found in the grave beneath the buried body
of a mule was in fact the dead body of
William z. B. Fetters, then you are justi-
fled in finding that murder had been inten-
tionally committed and that the person or
persons who undertook to conceal the body
of Fetters by burying it in this manner were
connected criminally in some manner with
the murder involves the province of the
jury in determining the question of fact.
1892 Hughes VS.: Parker. Hancock 9. G.
Affirmed Howard, il. Who're a street
Improvement has been made under the Bar
rett law, it is not essential to the legality
of the assessment that a resolution of the
necessity of the Improvement be passed by
the Council when notice and hearing are
given to property owners before the making
of the final assessments 2. It is within
the discretion of the Common Council of
city whether the Improvement will be made.
8. An error to be available must be harm
full to the party complaining. 4. The right
of appeal is statutory.
Appellate Court.
221O. Western Assurance Company vs.
McCarty. Pike G. G.. Reversed. Comstock
il. In a suit upon an insurance policy the
original or copy thereof must be fled with
the complaint. 2. When an amended COM
plant is filed the original, together with the
exhibits thereto go out of the record. 3: A
contract Of insurance may be assigned IN
parol and the assignee may bring suit
thereon. 4. In an action by an assignee OF
a fire insurance policy, after loss by fire.
the complaint should be that the asSgnOr
was at the time of the fire the owner Of the
property. -
Affirmed. Wiley, c. III. A note signed
by two or more persons. wherein the prom
Using phrase is 1--WE promise" is prima facie
the joint obligation of the makers in their
"
corporation was given by it's president and
signed by him as such the obligation of the
corporation was complete, and the signing
by other parties as directors ADDS no Iorce
to it, and the words directors" opposite
their names is merely descriptio personae
9246 Anderson Driving Association VS.
Thomson Madison G. G. Reversed. Hen
lev J-Section 1885, Burns's X. ). 1894, does
not include contractors, but was INTENDED
to apply to persons working Tor wages,
that their claims may be preferred When
the property of their employer passes INTO
the hands of an assignee or receiver.
2277 suss vs. C.. e. e & St; L: Il Railway wa
ton to vacate decision overruied
24S5. Center School Township VS.. School
City Marion S. G. Ruling on motion to
dismiss reserved till final hearing.
1852. Collins VS.. Williams. Wabash G. G.
Certiorari granted.
Superior Court.
Room s-Vinson Carter, Judge.
J. M. Amos VS.. Claudine A. Stackhouse;
note. On trial by jury. jury out.
Circuit Court.
Henry Clay Allen. Judge.
Iavina D. Athon VS.. M Schmidt ct al;
partition. Submitted to court and evidence
Town Of Haughville vs. Henry Friedman;
bedding without license. Appeal. Submitted
to court evidence heard and taken under
az Criminal Court.
John F. McCray. Judge.
The state of Indiana VS. James RAIDER;
petit larceny and obtaining goods under
false pretenses. Tried by jury and acquitted.
New Suits Filed.
Samuel T. Hook ct al VS.. John M. Hook
ct al: suit for partition. Circuit Court.
Emma Richards VS. Henry c. Fisk; suit
for divorce. Superior Court, Room 3.
Wilhelm Kohlstaedt VS.. Anton Boyer ct
AL; suit for lnJunctlon. superior court,
Room 2.