The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-09

engaged in hauling gravel from a place
where the same is unloaded from train
by railroad company is not charged with
negligence by not knowing that gravel ana
sand were allowed to accumulate on the
company and by the accumulation OF grav-
ell and sand a locomotive is caused to leave
the track and kill such person.
2404. National Bank VS.. Brown. T1ppe-
canoe G. G. Affirmed Henley J.--Where
a township trustee draws a warrant paya-
bic to a school supply company and after
wards TO induce a purchaser TO accept the
warrant, indorses the same as follows, VIZ:
THE within warrant Is Q. *. and viii ne
paid promptly when due. ;. M. Brown,
such Endorsement is not sufficient TO charge
the estate of the trustee. Brown, after MS
death, as guaranty Of the payment OF the
Indebtedness.
23lO. Bertha VS. Sparks. Tippecanoe S. G.
Affirmed. Robinson, c. il Where money
is due a party on a contract the suit con-
stitutes a sufficient demand. z Unless the
averment of an essential fact is omitted
from complaint, 1t will be held sufnclent
after verdict. 8. If there IS enough in the
complaint to bar another action, 1t is sum
cient as against an attack made upon 1T for
the first time in the Appellate Court.
1853 McFadden VS.. Owens Shelby Z. u
Transferred to Supreme Court.
24l4. Hustled VS.. Building Association.
Madison c. c. Transferred to Supreme
Court.
Superior Court.
Room ii. L. McMaster Judge.
Frank Rafert VS. ]. G.. Wiess; mechanics
lien Dismissed and costs paid.
r. T. Davis Mill Company vs. HON ice
and Cold Storage Company ct al; repieVln'
Dismissed and costs paid.
Room 2-Lawson NJ. Harvey, Judge.
Antonio Donaldson VS.. Elmer Q. Donald
son. divorce Dismissed at defendants cost:
Indiana Saving and INVESTMENT company
VS. Frank McLeran ct al. foreclosure:
Judgment against defendants for $662.26 and
costs Foreclosure and sale ordered.
Indianapolis Brewing Company VS.. Jonn
r Barrick: note Judgment against de-
PENDANT for $32450 and costs -
John w. Nueman ct AL VS.. Adam ".
Scherer: account. Judgment against ue-
PENDANT for 1920 100 and costs.
Annie Pickett vs.. Big Four Railway COM
pany; damages. Dismissed at plalntiH
Charles Burke VS.. Della Burke; divorce.
Dismissed at cost of plaintin.
Room 3-Vinson Carter, Judge.
Charles F. Doran vs.. Lulie e. Po Gsn;eb to
modify divorce. OVerruled. Judgment
against defendant for costs
Circuit Court.
Henry Clay Allen, Judge.
Edward Tyner VS.. Henry Poppe,s estate.
Allowed by administrator for $3.50. Judg-
ment against estate for costs.
ment against defendant for 1891 and costs,
James L. Reach VS.. Adam w sherer: on
account and for receiver. Finding for Plain
tiff. Judgment against defendant for $Sl3.6O
Peter Rasmussen VS. MAIDS. Christenson's
estate. Finding for claimant. Judgment
against estate for $59S.76 md costs.
w. T. Adell VS. John C.. Adell's estate.
Finding for estate. Judgment against
claimant for costs.
State ex rel. Marion Trust Company VS.:
Mary e. SnIde- ct al; on bond Dismissed
and costs paid.
Criminal Court.
John F. McCray, Judge.
The State of Indiana Buck Mountjoy;
burglary and grand larceny. Detendanta
motion for a new trial sustained. Defendant
withdrew his former plea of not guilty and
entered a plea of guilty to petit larceny
Defendant thirty-nne years of age. Fined
500 and sentenced to States Prison for from
one to three years. tsleS'
The State of Indiana VS.. John Corrutherss
incorrigibility. Tried by court. Finding OK
not guilty. Defendant discharged. alAE
The State of Indiana VS.. Thomas White;
petit larceny. Defendant released from jail
on order of court upon payment of fine and
costs.
Charles E. Cleaver VS.. Samuel Talbert ct
al; mechanics lien. Superior Court.
Room 2.
Massa chusetts Mutual Life Insurance
Company VS.. David G. Bryan ct al. fore
closure. Superior Court, Room 3.
John A. Presier VS.. Huldah Presler; suit
for divorce. Superior Court, Room l.