The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-13
THE COURT RECORD,
Court.

111S3. Worthy VS.. Burbanks. Porter C.
G.. Reversed. Hackney, 1.-THE indispen-
adverse possession are as follows: /. 1t
must be hostile and under a claim of right.
:. 1t must be actual: ). 1t must be open
and notorious. 4. 1t must be exclusive.
.. 1t must be continuous. but the land need
not be held by actual possession when it is
wholly unfit for any beneficial use.
Newton C. c. Affirmed. Monks. i'm de-
termining wether the facts. found by the
Jury. are sufficient to entitle the person
having the burden of proof to a Judgment
this court can only consider the facts prop
erly found. disregarding ~evidentiary facts,
legal conclusions and matters not within
the issues, and when any fact material 10
any issue is not set forth. the presumption
is that there was not evidence sufficient to
establish such fact and the same is treated
as found against the party having the bur-
den of proof to such fact, and i'm an action
against a railroad company for damages
caused by its negligence there must be
some facts found showing that the person
injured used ordinary care, unless the in
jury was inflicted willfully. and in order TO
constitute willful injury the act which pro-
duced it must have been intentional
or must have been done under such
circumstances as evinced a reckless disre-
gard of the safety of others and a willing
ness to infict the injury complained of.
I4O3. lowering VS.. Brinel. Tippecanoe s. G..
Reversed. Jordan. c. Jan insolvent cor
poration has the same right as a natural
person, in regard to preferring its creditors.
although a portion of the directors of the
corporation are SuretieS upon the claims of
the creditors preferred.
lI$5s- L. n. A: & G. Ry. Co. VS.. Bates.
ruled under Rule 20.
1901. Town of Sullivan vs.. Cluggage.
Sullivan c. c. Transferred to Appellate
Court.
Superior Court.
Room 2-Lawson NJ. Harvey. Judge.
Orsng G.. Pfaff VS.. Fred w. Cook: note.
Judgment against defendant for $l2O.6O and
costs.
IpdiapanoIi, prau,i,r ~
"A. GiSler: chattel mortgage. Judgment
against defendant for s254.O2 and costs.
Sander & Rocker vs.. Harvey j. Sells;
notes. Judgment against defendant for
$1sS.29 and costs.
Daniel Patrick VS.. c.. c.. c. & st. l..
Railway Company; damages. On trial by
jury.
Room S-vinson Carter, Judge.
Shellhouse & Co. VS.. Mary A. Cruise:
mechanics lein. Dismissed and costs paid.
Criminal Court.
j. +. McCray, Judge.
State VS.. Frank Girton: grand larceny.
Two years on plea Of guilty.
State vs.. Richard Barrett: selling LIQUOR
on Sunday. Fined s25 and costs.
State VS.. Richard Barrett; selling liquor
without a license 1.-TWO cases.. Fine of s25
and costs in one ard the other taken under
advisement.
State VS.. Ora Wilson: grand larceny. Re
leased from workhouse on order of Judge
State VS.. Fred Maisoll: petty larceny.
Four months in jail on plea of guilty.
Circuit Court.
Henry Clay Allen, Judge.
S. p. Harlan VS.. William E. Boyd. Find
ing for plaintiff.
New SHIFTS Filed.
Indiana Society for Savings VS.. George
Everitt ct al. on bond. Room ..
Robert Bates ct al. vs.. Quincy Van Hum
nell ct al; damages Room 3.
Susan A. Light VS.. Theodore q. Light; di-
VCrce. Room 2.
Erastus NJ. Briggs VS.. William c.. Briggs
ct AL: lien. Room 2.
Christian Pothast ct al. VS.. Marcellus l..
J. Smock ct al; to declare title bond void.
Room ].
Interstate Building. Loan and Savings
Association vs.. Eugene G. Risk ct al; fore
closure. Room i.
G. II. & l.. Railroad Company VS.. Frank
Mummenhoff on account. Room /.
State ex rel. Eta j.. Mann VS.. Luke Wal
pole: mandamus. Room 3.
Lavina Albeit VS.. George NJ. Albeit; di-
vorce. Room /.