The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-07
THE COURT RECORD.


1894. Van Cleave VS.. State of Indiana.
Shelby G. G. Affirmed. McCabe, il. A
charge Of larceny is always included in
charge of robbery, and when the latter
crime is properly charged in the Indictment
A general verdict Of Guilty. as charged in the
indictment is verdict that the defendant is
guilty Of the offenses charged in the indict-
ment, and is not defective. 3. This court
cannot review the evidence on appeal where
that part of 1t tending to support the YER
dict is legally sufficient 4 Where the jury
for one purpose, sits consideration by them
must ldsto he confined toothat purpose,
1920. farrell vs. Brubaker. Marshall G.
c: Affirmed; Monks. Ill. Under the stat
ute any Judgment creditor his executors,
or administrators, or assigns, whose judg-
ment or decree at the time he offers to re-
deem shall be a lien on the real estate sold,
junior to that upon which the sale was
made, is entitled to redeem real estate sold
at any time within one year from the date
of sale. 2. The holders of a sheriff's GER
tifcate of the sale of real, estate have no
right TO redeem from a subsequent sale of
the sheriff, on a junior lien, a tract Of land
of which their certificate gives them title
to a small portion thereof. 3.0By trans
action between themselves two persons can
not create an estoppel against third per-
son who was neither a party nor in privity
with either person to the transaction. 1.
A recovery of judgment by an administrator
that a conveyance is fraudulent and the title
is quieted in the administrator in a pro-
ceeding to sell the real estate to pay the
debts of the decedent gives the admins
TRAITOR the right to bring an action to quash
and set aside as illegal and void writ in
the nature of venditioni exponas Illegally
issued upon redemption of said real estate,
without first obtaining leave from the court
to bring the suit.
Appellate Court.
241s. Cation VS.. Routh. Wells C. C. Re-
versed. Henley, J.---Where plaintiff brings
an action on a mechanics lien and aban-
dons the foreclosYTe of the lien and seeks
judgment on ACCOUNT, the defendant is en-
titled to Judgment for costs when the
amount recovered is less than $50.
= 2467 q, Busehn n,, vs.. Sunman Decatur G.
dict is not in strict conformity with the
statute, yet if it is not so uncertain, am
support a judgment it will be upheld. g
In the absence of the eViednce from the rec
ord this court cannot say there was not suf-
ficient evidence to support the verdict g.
In an action in repevin where the jury re-
turned verdict as follows: I'VE, the jury,
find for the plaintiff that she is the owner
erty described in the complaint, and that
she recover of and from the defendant the
sum of one cent for the unlawful detention
thereof it will be sufficient.
Superior Court.
Room III. L. McNIaster, Judge.
c. Terry Medium vs. w. " Rocker ct al;
appeal. Finding, and Judgment for de-
ie Fideitv Mutual Aid Association VS..
Charles Binkley; on note. Dismissed and
costs paid
Philip Bronstien VS.. Hannah Prayer ct
al. on account. Taken under Amusement.
Room 2-Lawson M. Harvey, Judge.
Leopold Strauss VS.. Charles Furnas ct al
on note. Judgment against defendants John
s. Jordan and Lewis G, Stewart for $3.50
Solomon Klepfer vs.. IN. A. Rocker; on
note and account. On trial by court.
John Huffman VS.. Citizens Street-railroad
and judgment against defendant for S25 and
costs
Daisy Hopper Williams VS. William r.
Williams; divorce. Granted plaintiff Oct.
Room S-vinson Carter, Judge.
Milton S. Huey ct a. vs.. M: I. Mewhor--
tor ct al. appeal. Finding and Judgment
against Thomas Barbaur and Arthur B.
Grover for $297.87 and decree of foreclosure.
Moses G. McLain VS.. Thomas Barbaur ct
al r6 50recITsure Dismissed and costs PAID
al; on note. On trial by jury
Criminal Court.
John F. McCray, Judge.
State of Indiana VS. William Malladay;
assault and battery to rape. On trial by
court; evidence heard in part; case con-
Circuit Court.
Henry Clay Allen, Judge
State ex rel. Andrew Ebert, adnlnistra-
tor, VS.. William B. Fletcher ct al. on guar
dams bond. Dismissed by defendants; judg
nent against defendants for costs.
City VS.. John Jones' from Police Court;
allowing colt to run at large. Finding for
plaintiff; Judgment against defendant for
81 and costs.
Jennie sarders ct al. VS.. Lee Kincade;
on account Submitted to court; evidence
heard; finding for plaintiff; judgment
against defendant for $11426 and costs.
Charles H. Carter VS.. d. f; Flanders ct
al. street lien. Dismissed for. want of
prosecution; judgment against plaintiff for
costs.
City VS.. John Walker ct al: from Police
Court; letting stock run at large. Dis
missed by PLAINTIFF judgment against plain
tiff for costs.
Jane Moffett ct al. VS. Hannah NJ Swain;
on judgment. Dismissed for want of prose-
cution; judgment against plaintiff for costs.
Ella Bolton VS.. Lee Bolton. Defendant
defaulted; submitted to court; evidence
heard; finding for plaintiff and decree of di-
tiff; judgment against defendant for 500
alimony and costs
New Suits Filed.
The Indiana Bond Company vs. Catherine
Prinz ct al; improvement lien. Room 8.
John r. Harcourt ct al VS.. Union Mu-
tual Building and Loan Association; TO re-
lease mortgage. Room 2:
Meyer Jaskulek VS.. Henry G. Sarhage;
ON note. Room ..
NJ. H. Sample and o. Fl. Stout vs.. A. a.
McCray and George Chandler; on contract
and bond. Room q
Lizzie Mitchell VS.. Robert Mitchell; d.
vorce. Room /.
Henrietta /. French vs. Martha A. Par
malice; on notes Room l.
Philip j. Hickey VS.. Lola l. Harris; dam
ages Room 2
Catharine Hickey VS.. Lola L Harris; dam
ages. Room g.
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