The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-02
Court.
Appellate court.
ABILITY.

24O7. Howard c. G. Warwick vs.. State.
Affirmed. Comstock. c. i'll. The pro
woke statute defines two different and dis
to provoke an assault and battery. 2 In
tent is an essential elemen OF either OF
nresent abi1ity, in t q statnte mean q that
the person who is provoked or whom the
defendant attempts to provoke is free from
might prevent him at the time from strik-
ing or attempting TO strike the person CIV
the h prose enTGne: " witness ane w msre thirty 1hf, feet feet
from the defendant when defendant used
The ti96 ohje=e5id4na1le i lans9ags does 6s the net c fssaRs
of attempting TO provoke an assault.
STREE ASSESSMENT PLEADING
SINGLE LOT.
& Ohio Railway Company
Affirmed. Wiley, il. In a suit TO fore
close an assessment for street improvements
instrument which must be made a part of
the complaint by reference or otherwise
assessment for street improvements
against W or more separate and distinct
tracts of lard does not create any lien and
is presumed 10 be benefited in a special
and peculiar manner to an amount equal
to the assessment against it. and the owner
is entitled to pay the assessment against
such lot or lots as he desires and can, even
though unable TO remove the liens from
Side, between Front street and o. & Nj.
Railroad is not a sufficient description 10
fix an assessment upon any land.
Lipinskey ct al. Petition for rehearing
overruled.
1917. Tippecanoe c. c. Allen VS.; Davis
ct al. Petition for rehearing overruled-
Superior Court.
Room 2-Lawson NJ. Harvey. Judge.
Mamie Sutton VS.. Henry NJ. Sutton; di-
vorce. Dismissed by plaintiff.
James Hoop VS.. Citizens Street-railroad
Company; damages. On trial by jury.
Room 3-vinson Carter. Judge.
Alfred NJ. Ogle ct al. VS.. Martha c. Ref
ner: foreclosure. Dismissed and costs paid.
Mary F. Prewitt VS.. Esther j. Holm; con-
tract. Jury impaneled.
S. CT. Leonard VS.. Jesse Hamrick; fore
closure. Jury returned verdict for defend
ant.
Circuit Court.
Henry Clay Allen. Judge.
State of Indiana ex rel. Dora Kent VS..
Lord Hardin. Submitted to court. Evil
dence heard. Finding that relatrix and de-
PENDANT are married and living together,
this cause. is now dismissed. Judgment
Union Trust Company vs.. William Ben
nett Bryan ct al: default. Submitted to
court. Evidence heard. Finding and order
Cruise and George Wolfe commissioners.
George W; Armentr9ut rr VS.; 1nd Gamn1k
DlSilllSStu dilQ COSlo paul.. Il hb SAdAlbSu
leave to withdraw papers.
E. p. Erwin vs. o. s. Gillette. Submitted
to court. Evidence heard. Finding against
defendant on counter claim and findlng
against defendant for $500. Judgment ac-
cordingly.
Criminal Court.
j. f. McCray. Judge.
State VS.. John Teller: assault and bat
terry. Tried by court and finding of not
guilty
New Suits Filed.
Charles f.. Coffin. trustee. VS.. Charles f.
Hamilton ct al; foreclosure. Room 3.
Josephine Il. Clark VS.. Milton f.. Clark;
divorce. Room l.
Permelia j. Butsch VS.. Philip l.. Butsch;
divorce. Room 3. r
Frank VOLTA VS.. Margaret VOLTA: d.
vorce. Room ,.
Joseph NJ. Hayes Wooden Company VS..
Charles S. Gully: on notes. Room ,
Helen A. Jones VS.. John G. Jones; di-
vorce. Room >.