The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-04
THE COURT RECORD.
Supreme Court.

1901. MUTUAL BullQI0g Association VS..
Gravity Sullivan c. c. Reversed. Jordan, J.
Il. A counterclaim to withstand a demurrer
should state facts sufficient to entitle the
defendant. pleading the same, to a recov-
cry against the plaintiff 2 A single pleading
cannot perform the office of both an answer
and counterclaim. g. When the defense to
foreclosure of a building association mort
gage is that the premium charged by the
{ association is usurious the burden is on the
defendant to disclose the illegality of the
premium by the averment of facts and not
assertions.
1S446. Schwab Company VS.. Mayer. Fulton
G. c. Affirmed. McCabe, IAN agreement
to pay a debt of a retiring member of
partnership firm is a sufficient consideration
for a conveyance of the assets of such firm
to the remaining members constituting a
different firm, and upon such conveyance
and sale the property becomes that of the
new firm and applicable to the payment
of it's debts unless the creditors of the dis
solved partnership hold lien thereon for
the satisfaction of debts.
Appellate Court.
2542 Spauldng VS.. Nathan Delaware c.
c. Reversed. Wiley, il. The plaintiff is
bound by the theory of his complaint. 2. A
legal partnership cannot exist fer the pur-
pose of retailing intoxicating liquors under
a license. 3. The express mention of one
thing is the exclusion of another
2649. L. E. & w. Railroad Company VS.
Maus. Decatur c. c. Reversed. Henley, j.
!. Where person is a licensee he can have
no cause of action on account of existing
dangers in the place he is licensed to enter,
and the owner of the premises owes an
agent or the ncenSee no greater uuty imam
he owes to the licensee.
Superior Court.
Room IL. L. McMaster, Judge.
Turner Zephyr Stove Company VS.. Carl
w. Mendenhall ct al; MECHANICS lien
Judgment for plaintiff against Carl W.
Mendenhall for $99 and costs.
Room 2-Lawson M. Harvey, Judge.
Bushrod Taylor VS.. the Fireman's Fund
Insurance Company; policy. Dismissed and
Hartford Savings and Investment Com
pany VS.. William n. Werner; foreclosure
Dismissed and costs paid.
Room 3-Vinson Carter, Judge
Minnie Stumph Henry, Stumph; di-
vorce. Divorce granted plaintiff. Judg-
'l John l's B. stumph VS. Peter Weyenberger
ct al; foreclosure. Finding and Judgment
against defendant, Peter Z. WeyeenDerger,
for 81 44755 without relief and costs.
John NJ. Jones VS.. Frank r. Harding;
breach of contract. Judgment on verdict
for 49, Judgment against plaintiff Tor
Plus Brown VS. Augusta p. Brown; di-
vorce. Decree denied,
Circuit Court.
Henry Clay Allen, Judge.
Louis Weinberger: naturalized.
Nora Stone VS. John Stone; divorce. Dis
missed for want of prosecution Judgment
against plaintiff for costs.
Robert j. Maloney VS.. Emma Maloney;
divorce Dismissed for want Of prosecu-
ton. Judgment against plaintiff for costs
Augusta Sickinger VS.. Hubert Sickinger
ct al; for support. Dismissed and costs
paid.
Lille P. Ryan VS.. James r. Ryan. De-
PENDANT defaulted. Submitted to court and
evidence heard. Finding for plaintiff de-
cree of divorce. Judgment against DEFEND
ant for costs.
Criminal Court.
John f. McCray, Judge.
David McPeake VS.. Cornelius McGroarty;
habeas corpus. Defendant discharged.
The State of Indiana VS.. George G. White;
selling liquor without license. Finding of
not guilty.
The State of Indiana VS.. Mort Wood; rob-
berry and grand larceny; Motion to dismiss
sustained. Defendant discharged.
The State of Indiana VS.. Charles Maus;
assault and battery with intent to Kill
fined 81 and sentenced to the Indiana Re
formatory for from two to fourteen years.
The State of Indiana VS.. Herbert Ray
mond; petit larceny. Defendant pleaded
guilty. Fined 81 and sentenced to the work.
house for six months.
The State Of Indiana VS.. Herbert Ray
mond; burglary. Pleaded guilty, Sentenced
TO workhouse for six months.
The State of Indiana VS.. Joseph Miller;
false pretenses Defendant filed motion to
quash indictment for want of prosecution.
The State of Indiana VS.. Robert Thomas;
cruelty to animals. Defendant filed motion
The State of Indiana VS.. David Solomon;
receiving stolen goods Defendant released
on bond of 5000. taken in open court. Emil
Mantel, bondsman.
New Suits Filed.
James McHugh ct al VS.. Mary Johnson
ct AL; mortgage, Superior Court, Room 2.
Charles S. Warburton VS.. James A. Hopp
ct al: suit to foreclose mortgage. Superior
Court, Room /.
Daniel Ashby VS. Sadie Ashby; suit for
divorce Superior Court, Room 2.
Mary Tucker VS.. John Smith ct AL. dam
ages. Superior Court, Room /.
Alva E. Frazee VS.. Nettie A Frazee; suit
for divorce Superior Court, Room 3.