The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-18

and in case Of more than one statute upon
the same subject they must be construed
IN order that both may stand, if possible,
and applying the rule that exemption stat
utes are TO be literally construed in favor
OF the debtor. said act of 1897 does not de-
pIlve resident householder of his right
70 select his wages up to $500 as an exemp-
ton, but the part of said act which pro-
Vldes that no exemption of wages in ex-
States
1890. Jamison VS.. L. L. & w. r. r. Com
pany. Morgan c. c. Petition for rehearing
Appellate Court
2Sl9 Wheatley VS.. Kutz. Upton c. c.
Affirmed. Black. il. Where there is a
conflict in the evidence this court will not
determine the preponderance 2 Where II
was authorized by w to draw checks for
the transaction of the latter's business. and
under the direction of n. r drew checks
liable for the checks drawn by r. for the
transaction of the business.
zzO5 Bartindale VS.. Jewell. Newton @.
Z. Affirmed; Robinson, G. i'll. Under
the act of 1889 providing for the construc-
ton of gravel roads on county lines tile
superintendent of such work is not author
lied 10 receive any money from the two
counties to be paid by him for the con-
struction of the road, nor has he any con-
troll over the money to be so used, except
to recommend its payment upon estimates
made by him or upon orders made by him.
z. The record must show that a defendant
was served with process in order to show
jurisdiction of him at the time of default.
226S. b. & o. S. w. Railway Company VS..
Bradford. Daviess G. c. Reversed. Hen
ley, 1.-The statute (Sec. 1923, r. S., 1890
does not impose upon railroad companies
the duty of maintaining fences sufficient to
restrain children non sui juris from getting
upon its right Of way, and is not liable for
injury TO such persons when they are tres
passers in the absence of willfui injury
24S2 CASTOR VS.. Bailey. Marion c. c..
granted.
Superior Court.
Room John l.. McMaster. Judge.
Central College VS.. Jas. Barens ct al. {;
notes. Judgment on verdict for plaintiff
against defendants for $2,O99.26 and costs.
Room dawson NJ. Harvey, Judge.
The McElwaine-R Richards Company VS..
Manufacturers Natural-gas Company; ac-
count. Dismissed and costs paid.
Geo. Hiatt VS.. r., c., c. q st. l.. Railway
gument heard.
Room 9--vinson Carter, Judge.
Lavina Smith VS.. Robert Smith ct al. TO
declare dead mortgage. On trial by court.
Circuit Court.
Henry Clay Allen, Judge
Edward B. McComb VS.. Benz. Beasley;
suit Tor possession. Appealed. Evidence
concluded and jury retired
Police Court Docket.
Vagrancy-John, Williams, William An
qrews Charles Williams, Frank Stanley,
pan Minion Charles Dean, Will Roberts,
N. ~. smith; fined $l5 each and committed
to the workhouse. Harry Gilmore; dis
charged.
Drunk-W. A Rooney; judgment withheld.
John O'Brien and James Reasher; $11 each
and workhouse. Pat Donahoe; Sc and work
house.
Assault and Battery-Mary Kortpeter; SIS
and workhouse Martin Halloran; contin-
ued to Feb. Is. Ernest Doyle Sc; paid
Miscellaneous Misdemeanors - Charles
Reinschriver, Feb. 10; VIM. Van Buren,. dis
charged; j. w, Gibson. bond defaulted;
Thomas Hanford, discharged; Harry Gill
more, $l1 and sentenced to workhouse for
ten days.
New Suits Filed.
Richard II. Edwards VS.. Joseph J. Kreber
ct al; mechanics lien. Superior Court,
Room !.
Mutual Home and Savings Association VS..
William ID. Collins ct al. mortgage. SUI
perior Court, Room g.
Ellen Brant vs. Frederick Brant; divorce.
Circuit Court.
Indiana Society for Savings VS.. Frank l..
Daugherty ct al. Superior Court, Room 8.
LoVio kaminsEy VS.. Alexander Cohen;
damages. Circuit Court.
Martha A. Mckee VS.. James Mckee: di-
vorce. Superior Court, Room 2.
Boston Woven Hose and Rubber Company
VS.. Christian Schrader suit on contract
superior Court, Room 3.
Chicago Tip and Tire Company VS. Chris
tan Schrader; suit on contract. Superior
Court, Room 2.