The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-06

token or other deception. II there is a pres
property OF another by such deception and
TO at once appropriate the property to the
use or the wrongdoer, there is a larceny 2.
Larceny, being felony is an infamous
crime. and disfranchisement may be given
as part OF the punishment. 3. Evidence Of
similar crimes committed by the defendant
may be given to show the intention with
Whlcn the acts charged as criminal were
1850. Schleuter VS.. Canatsy. Marion c. c.
Afilrmed. Monks. il. Where the determ-
NATION or an assignment of error depends
upon the evidence the latter should be in the
record. 2 An assignment OF error may be
waived by failure TO argue the same on
appeal 3. Where the error assigned is that
the court erred in its conclusions OF law"
such assignment presents no question when
the trial court failed to make q special
ilnding and state conclusions OF law thereon.
g. "A motion TO quash a writ of habeas cor
pus tests the sufticiency of the application
Tor the writ. 5. In a controversy between
parent and third persons for the custody
of his child, the welfare OF the latter is the
paramount aim of the court and the order
thereof should be to the best interests of
the child. g. In determining a motion TO
quash writ of habeas corpus the allega-
tons of the application are admitted TO be
true.
1s261. Irwin VS.. Buckles Whitley c. c.
Affirmed. McCabe, g. il. In Il suit for
partition the question of title may be pre-
sented by the proper pleadings and de-
cree thereon will conclude the parties as to
the questions of title thus put in issue:
and party to a partition suit is estopped
ton he was holding any part Of the premises
in severalty adversely to his cotenants.
1874. Mutual Life Insurance Company
VS.. Frankel. Hamilton G. c. Motion to dis
miss postponed until final hearing.
1921. Lewis VS. Albertson. Lawrence c.
c. Certiorari ordered
1880. Dudley VS.. Pigg. Sullivan c.. c.
Motion to dismiss postponed until final hear
ing.
2577 Schnuer VS. State of Indiana Hunt
ington c. C. Affirmed. Comstock. il
The jurisdiction of this court on appeal is
limited to errors of law only. 2 In case the
verdict of the jury is against the preponder-
ance of the evidence ii is the duty of the
trial courts to make the correction; on an
appeal the case reaches this court with all
presumptions in favor of the trial court.
2225 L.. n A. & c. Railroad Company VS.
Roberts. Pulaski c. c. Reversed Henley
il. In a suit against railway company
for damages arising from fire caused by the
negligence of the defendant it IS necessary
that the plaintiff show himself free from
fault in order to entitle him to recover. 2
The judgment of the court must be upon
the facts found in the special verdict; it
cannot be aided by the evidence, nelt n can
The special verdict should contain the
primary facts and not conclusions.
1850 eek VS. Hayes. Jaw G. G. Affirmed.
Black il Giving a check will not operate
as a payment of the debt for which it IS
given in the absence OF an agreemeht TO
that effect 2 The burden is upon the per-
son attempting to pay by check, to show
the delivery and acceptance thereof does not
constitute a mere conditional payment. -
1923. McCue vs.. McCue. Johnson =. =.
Transferred to Supreme Court
247s. Hanover Insurance COMPANY VS.:
Dole. Whitley C. c. Certiorari granted and
2479. Huffman VS.. oNeal. Howard C. G.
Dismissed under Rule 49,
2OOS. Hammond. w. & p. G. r. Rail-
road Company VS. Faulkner. Porter c. G.
Dismissed under Rule H.
Superior Court.
Room John l.. McMaster, Judge.
Walter ]. Hubbard VS.. Edward Harris:
Appealed Jury return verdict for plaintln
that he is entitled to possession of property
described in complaint and assess his dam
ages at 81.
Room 2-Lawson M. Harvey. Judge.
Edward j. Farmer VS. Louise Rausch ct
al note Judgment against defendant for
FraternaI building and Loan Association
VS.. Emma O'Donnell; foreclosure. On trial
VIM G. smock VS.. Mason ]. Osgood: dam
ages. Dismissed at cost of plaintiff
Room 3-vinson Carter, Judge.
Inter State Building, Loan and Savings
Association VS.. Kate F. WATSON ct al;
mortgage. Cause dismissed for want of
prosecution and judgment against plaintiff
Ulysses Lacy VS. Frank Newly ct al;
mechanics lien. Dismissed for want of
prosecution and judgment against plaintiff
Everett T. Lacy VS. Frank Newly ct al;
mechanics lien Dismissed for want OF pros
SCutiOH anu JuuSlhSH1 against PioalSiA- ~
costs.
State of Indiana, on relation of the man
ayers of Indiana Reformatory VS.. Ameri-
Gus c. Daily, as auditor of the State of In
diana; mandamus. Plaintiff dismissed cause
and judgment against plaintiff for costs.
Circuit Court.
Henry Clay Allen. Judge.
r. p Seller VS. Francis NJ. Heads estate.
Submitted to court and evidence heard.
Finding and judgment against estate for
ST. 40 and costs.
John M. Jones VS.. Francis NJ Heads es-
tate. Submitted for trial. jury impaneled
and sworn and evidence heard.
Criminal Court.
State of Indiana VS.. Richard Harris; as
sault and battery with intent to kill. Trial
advisement
New Suits Filed.
Theodore f. Griffiths VS. Sarah A. Ziegler;
suit on account Superior Court, Room 2.
Hartford Saving and Investment Com
pany VS. John FurnaS; foreclosure. Superior
Court, Room 1.
Mary Z. Stephan VS.. Anna F. Ayres; dam
ages. Superior Court Room 3.
Emma Meier VS.. Lizzie Barnhart ct al.
partition. Circuit Court.
Minnie Harrell VS. Frank Harreli; divorce
Superior Court, Room 2.
Frederick Kroeckel VS.. Cora Kroeckel; di-
vorce. Superior Court, Room l.
John Stewart VS.. Fannie Stewart; divorce.
Superior Court, Room 3.
Dayton Railway; damages. Superior Court,
VIM. T. Cook VS. Stella Cook; divorce
Superior Court, Room l.
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WOuId-Be Ravisher Caught.