The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-17
THE COURT RECORD.


1911. McCue VS.. McCue. Johnson c.
G. Affirmed. Monks, 1.-THE trial court
make such allowances and orders as
may be deemed necessary to enable the
wife to prepare for and secure a fair and
impartial trial. and also for her support
during the tendency of such action, and
when such orders are made they Will not
be reversed unless it is clear that the trial
court has abused his discretion therein.
1891. Finley VS.. Cathcart. Washington G.
G. Petition for rehearing overruled per
cureum. !. petition for rehearing, in
this court is a pleading and should not
be an argument it must state specifically
the errors which the petitioner considers
the court committed in the result reached
in the former hearing. 2. An applicant for
a rehearing should include in his petition
all the grounds upon which ne bases his
claim for a rehearing, and those not in
cluded therein will be deemed by the court
to have been waived.
1906 Jones vs.. Henderson. Marion S. G.
Reversed. Hackney, il. After the APP
pellee has Joined in error and filed briefs
upon the merits of the appeal and delayed
more than one year from the rendition of
the judgment appealed from, such conduct
will be waiver of the right to move for
a. dismissal of the appeal when 1t is taken
dents estates 2. While the relation of
trustee and cestui quo trust continues UNI
broken, the possession of the trustee is re-
garded as that of the cestui que trust and
against such possession the statute of linn
itationS Will not run. ). The beneficiary
cannot be said to have slept upon his
of equity, until position OF antagonism
or defiance of his rights has. with his
knowledge, been assumed by the trustee,
and the mere retention OF a portion OF the
income Of the trust found by the trustee
with the consent of the beneficiary and
without any claim of right, does not pro-
1871 Mcintosh vs.. Zaring jackson c. C.
Appellee files motion to relax costs and
to modify judgment.
Appellate Court.
90 4
frmed Comstock, il. Unless it appears
from the record that the judge who is
shown to have tried the cause signed the
special finding, the same Will be trettted
only a general finding. 2. If the judge
of a court, regular or special, try cause
and upon proper request makes, Mes and
signs special finding, all of which is
shown by the record and for any reason
such judge is unable to act further in said
cause, another Judge, regular or special
can act in such cause until final Judgment
therein.
1895. Stoves VS.. Fraze. Laporte S. c. Re-
versed. Wiley, il. A special verdict must
as a whole. .. An agreement between A
and B that A will reside with and rem
der services for his board. lodging. etc.
which is to be his fun compensation, is
one that the law will enforce.
1913. Lowry VS.. D0wney. Howard 9. c.
Transferred to Superior Court
Superior Court.
Room John L. McMaster, Judge.
AnnabelIe Furgison VS.. I. II. & l. Railway
Company; damages. Jury finds for plaintiff
and assesses her damages at Sl.3e0.
Coe College ". James 9. Barcus ct al !:
notes. Jury finds for plaintiff for 81 O99 26
Jacob r. Southern vs.. Plano Manufacture
ing Company: contract. Death of plaintiff
suggested and cause dismissed.
Racheal Goodwin vs.. Irwin Dickinson.
Dismissed and costs paid.
Room 2-I4awson NJ. Harvey, Judge.
Samantha c. Frederick VS.. John Bever-
land; note Judgment against defendant for
$22s. Is and costs.
George Hiatt VS.. Pennsylvania Railroad
Company; damages. On trial by special
jury.
Lewis d. Levi vs. James a. Wills ct al. !;
foreclosure. Dismissed ard costs paid.
Room S-Vinson Garter. Judge.
Matilda Whittenberg VS.. John Seibert ct
al; appeal. Dismissed and costs paid.
VIM. A. Partlow VS. City Street-railroad
Company. damages On trial by jury.
Lydia A. Sanderson VS.. City Street-rail-