The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-05
neIIexue case Decision Monday.
THE COURT RECORD.


1895 Richards VS.. Reeves. Sullivan c..
ero,itey ascents deed r. real estate upon
the condition that he is to pay certain par
ties money upon arriving at the age OF
twenty-one years, in an action to enforce
such condition as lien against such real
estate demand is not necessary before the
bringing of the suit. 2. In the case OF
minors no formal acceptance Of a gift is
required in order to make it binding; the
law implies an acceptance even though the
infant is ignorant of the gift: 3 Equity
will set aside q voluntary gift when it is
made to appear that the donor did not in
| tend to make 1t irrevocable, or where the
settlement would be unreasonable or i'm
provident for lack OF a provision for revoca-
ton. f. The law will grant relief from a
mistake or fraud where the proof is clear
and convincing.
1921. Dunn vs.. Dunn. Newton c. c. At
firmed. Monks, J.-Where the complaint
and the evidence in support thereof are not
in the record all presumptions are in favor
of the ruling of the trial court in admitting
testimony.
1920. Willard VS. Albertson Lawrence C.
| c. Transferred to Appellate Court. McCabe,
| Upon the authority of Lewis VS.. Albert
| son, No. 1921, decided at this term of court,
this cause is transferred to the Appellate
| Court.
| 1879 Chapman VS.. Jones. Upton c. c.
| Petition for rehearing overruled. McCabe
il A supplemental complaint is not an
| amendment to the complaint, but it's office
! is to bring forward a matter proper to be
| ltigated along with the matter contained
! in the original complaint that has occurred
since the commencement of the action, and
| it assumes that the original complaint is to
stand as it originally stood. 2. II there are
! facts existing at the time the original COM
| plant is filed, which if properly pleaded
will make such original complaint sufficient
to withstand a demurrer for want of facts;
| but if they are not pleaded they can only
be brought into the case by an amended
complaint and never by supplemental
Appellate Court.
22S9. Sheridan Gas Company VS.. Pearson.
Hamilton c. c. Affirmed. Comstock j.
Where real estate is held by entireties the
husband alone may sue to recover damages
to a building thereon occupied by him.
1850. Hyatt VS.. Bonham. Daviess c. G..
Affirmed. Black, il. The statement of a
not be in any particular form; it is sufficient
if it apprises the administrator or executor
of the nature of the claim the amount de-
manded and shows enough to bar another
action for the same demand. 2. Where the
promise is made to pay the debt of another
and the original debtor is discharged the
statute OF frauds does not apply.
1897 Combs VS.. Bays. Greene G. c. At
firmed. Wiley. i'll. The execution of one
note will not pay and satisfy another un-
less the new note is commercial paper. I'M
less it be so expressly stipulated between
the parties. 2. In All action for replevin
the complaint must be that demand has
been made prior to the bringing of the suit
2l90. Capital city Dairy Company VS..
Plummer. Marion S. C. Certiorari granted
VS.. Trust Company Putnam c. G. Appel
lants file motion to reinstate appeal.
Superior Court.
Room John T.. McNaster Judge.
James B. Cook vs.. Indianapolis Medical
and Surgical Institute ct al: appealed. Dis
James ID. Williams VS.. Robert r. Ben
nett; damages. Jury returned verdict
against defendant for $3.50.
Aaron Mutt VS.. Elwood Mccain ct AL; to
foreclose chatte mortgage. Dismissed and
costs paid.
Pearl Dean Bennett VS.. Clark II. Bennett.
Plaintiff dismissed complaint. Judgment
against plaintiff for costs.
Room 2-Lawsoni M. Harvey, Judge.
Jacob Arnold VS.. Moses X. Fatout; ac-
count. Dismissed and costs paid
Marcus Spiegle VS.. August G. Smith; ac-
count. Judgment against defendant for
$425.64 and costs.
gical and Medical Institute; contract. Dis
missed at plaintiffs cost.
Room 3-Vinson Carter, Judge.
Eliza j. knight VS.. Edwin A. Austin.
Finding and Judgment against defendant
Nicholas Hoffbauer VS. Citizens street.
railroad Company. Judgment on verdict
for $3.50.
Circuit Court.
Henry Clay Allen Judge.
Henry w Tutewiler VS.. Samuel Hanways
estate Allowed on appearance docket.
James A. Bruce VS.. Mason ]. 0sgood; to
quiet title. Frank 10. Gavin special judge.
On trial by jury.
Criminal Court.
John r. McCray, Judge.
The State of Indiana VS.. Jack Gassaway:
selling liquor without license and on legal
holidays. Defendant released from the
county Jail on payment Of costs.
New Suits Filled.
James w. Sansbury VS. The Cleveland
Cincinnati, Chicago & st. Louis Railway
Company; suit to quiet title. Superior
The Interstate Building Loan and Saw
ngs Association of Indianapolis VS.. VIM.
A. Taylor ct al; suit to foreclose mortgage.
Superior Court, Room l.
Mary Deholt VS.. Michael De0olt; suit for
divorce. Circuit Court.
M. O'Connor & Co. VS.. Richard Smith;
slit on note. Superior Court. Room 2.
The indianapolis Brewing Company VS..
John Eberhardt: suit to foreclose mortgage.
Superior Court Room 2
Rosa Cybuska VS.. Paul Cybulska; suit
for divorce. Superior Court. Room 8.
Philmina Voz VS. Jacob Volz; suit for d.
vorce. Superior Court, Room j.