The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-24


the same court in which same was rem
dered. 2. When a Judgment is taken before
a justice OF the peace through the mistake,
surprise, inadvertance or excusable neglect
OF party, and the same is not discovered
until after the expiration of thirty days
from the rendition the remedy is by an ap,
pllcation to the Circuit Court for an appeal
under Section 1911, BuTns's Statutes 1894. 8.
In order for the evidence to be in the rec
ord the latter should affirmatively show
that the long-hand manuscript of the evil
dence was filed in the clerks office before
it was Incorporated in the bill of exceptions.
1929. Rogers VS.. 3. a Q. Southwestern
Railway Company. Clark C. c. Reversed.
Hackney, i'll The mere sounding OF a To-
connective whistle, even at a place of ex-
traordinary danger, is not negligence per
Sc. 2 In an action against railroad com.
pany for negligence in causing team or
horses to run away by the sounding of the
company should be determined from all of
the facts and circumstances present at the
time and with regard for the rights and
where the complaint charges that the
whistle was sounded 'carelessly, negligent
whatever is sufficient to charge the act
as having been negligently done.
1892. Natural Gas Company vs. Leslie:
Madison C. c.. Motion to dismiss postponed
Appellate Court.
1887. Paper Company vs. State of Indiana.
Delaware c. c. Reversed Robinson, G. j.
1. Where a prosecution is by affidavit and
both the information and the affidavit must
fall before a motion to quash; and in de-
termining the sufficiency of the informa-
ton, the court must look both to affidavit
and information. 2 In such prosecutions
Section 1754 r. S. 1894, does not require that
a copy of both the affidavit and informal
ton should be served upon the defendant:
8. corporation is only liable to criminal
prosecution by virtue of Section 1870, r. IS.
1884. 4 When criminal statute does not
create an offense for which a corporation
may be punished, but if a statute desig-
mates an act of a corporation as a crime
and prescribes punishment therefor it Gre
ates a criminal ofiense which would not
otherwise exist, and which can be COM
mitted only by a corporation.
1856. Fulk VS.. State of Indiana. Allen c..
G. Reversed. Henley. il. The establish
ment of a Touring mill in densely popu-
lated city is neither per Sc nor prlma facie a
nuisance 2 When unnecessary and imma-
terial averments are made in affidavit, it is
necessary that they be proved as charged.
2034. Insurance Company VS.. Combs. Ma
rion S. c. Reversed. Comstock, il. Where
a complaint upon a fire insurance policy
shows that said property at the time OF
said fire was and still is owned by plaintiff, =
is sufficient to show insurable interest in
plaintiff. 2 A condition in such policy
that the house upon which the insurance is
placed should be occupied, a general aver
ment that plaintiff in all respects complied
with the conditions and stipulations IN the
policy is sufficient to bring the complaint
within such provision 3. The occupation OF
a dwelling house does not mean that some
one must live in it at every moment, tut
that there must not be a cessation of occu-
pancy for any considerable period Of time.
4. The fact that a tenant begins to remove
his household goods from dwelling house,
and before his removed is complete he is
necessarily absent therefrom, such absence
does not amount to an abandonment OF the
possession. 8. Where a person is an agent
for two companies and he places additional
insurance upon property insured i'll another
company, the act of the agent binds the
company which placed the first insurance
in "a absence
1871. Phillips VS.. Stone Company. Morgan
c. c. Affirmed. Black, jim an action for
damages for personal injuries the burden is
upon the plaintiff to show his right to re-
cover upon some consistent theory
1888. Schieber vs.. Trandt. Posey G.. C.
Affirmed. Wiley, 1.-THE extension of the
time of payment of note by an agreement
between the payee and principal without
knowledge or consent OF the suretieS viii
release them from liability; and the accept
ance of interest in advance at or after the
maturity of the note by the payee is prima
facie evidence of contract to extend the
time of the note and to forbear to sue
thereon.
225O Helmes VS.. Cunningham. Rush c. c.
Petition for rehearing overrqled;
1918. Woods VS. Matlock. Rush G. G. Pc
tition for rehearing overruled.
2279. Boyd VS.. Coal Company. Clay G. c.
Transferred to Superior Court.
1892 Hassler VS. Hefe Vanderburg s. c.
Transferred to Supreme Court.
Superior Court.
Room John l.. McMaster. Judge.
Mary B. Logan ct al. VS.. VIM. P. Smith
ct al. to quiet title. Finding and decree
A. M. Ogie ct al. VS. j. P. Walsman ct al ;
foreclosure Plaintiff dismisses. Judgment
against plaintiff for costs.
Thomas A. Morris VS.. City of Indianap-
oils; to recover taxes. Finding for plaintiff
for S400.25 and costs.
Asa Eden vs. City of Indianapolis ct al ;
damages. On trial by jury.
Room 2-Lawson M. Harvey, Judge.
Marriage annulled.
Indianapolis Brewing Company VS.. John
Eberhardt; note and account Finding for
plaintiff and judgment against defendant
for $54S.20 and costs.
Matthew Irie VS.. Lawrence Corridor ct
al; note. Jury returns verdict for de-
PENDANTS.
Room 3-Vinson Carter, Judge.
Daniel Hunt VS.. Citizens Street-railroad
Company; damages Dismissed by plaintiff
Judgment against plaintiff for costs.
VIM. C. Van Arsdel VS.. Herman b. White;
plaintiff for $21O7
Lavina Smith VS.. Robert Smith ct AL; to
plaintiff s1sOSS Finding due plaintiff Robert
Smith on execution A,O69.79.
Oliver B. Sloan VS.. Joseph Lowder; re-
plevin. On trial by jury.
Circuit Court.
Henry Clay Allen, Judge.
Sarah A earle VS.. James IS. Carrie ct al. ;
partition. Submitted to court. Evidence
heard. Partition ordered.
State Capital Investment Company VS..
John Furnas ct al; to foreclose trust deed
ETC. Dismissed by agreement OF parties and
costs paid.
Sadie Hanneman VS.. Arthur N Wilson,;
damages for failure to satisfy mortgage
Appealed. On trial by jury.
Criminal Court.
John F. McCray, Judge.
The State of Indiana VS.. James Klinger
and Fred c. Meyer; petit larceny and re-
ceiving stolen goods. Defendant Meyer
filed affidavit for change of venue. Sus-
tanned and w. N. Harding appointed to try
the case Defendant Klinger withdrew plea
Of not guilty to petit larceny. Defendant
forty-seven years of age. Defendant
pleaded guilty. Taken under Amusement.
New Suits Filed.
Gott9ried Kohl VS.. Lena Behr ct al; suit
on note Superior Court, Room 2.
Chris Bernloehr VS.. Julius G. Morgan; re-
pleyin. Superior Court. Room /.
Patrick Fl. Smith VS.. Central Union Tele-
phone Company ct al; damages. Circuit
Court.
Mary e. Lowther VS.. Home Security Life
Association; suit on policy. Circuit Court.
Joseph Miller VS.. the Cleveland Cincin-
natl Chicago & st. Louis Railway Com
pany; damages. Superior Court Room 2.
James A. Ward VS.. the Hitz Baking Com
pany; damages. Superior Court Room 3.
Harvey Watts VS. the Citizens Street
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