The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-09
THE COURT RECORD.
Supreme Court.

1878. c., H. & 1. Railway Company vs..
Cregor. Marion c. c, Affirmed. Monks ];
paragraphs. two of which are sufficient to
withstand a demurrer, and to which the
facts found in the special verdict are APP
plcable and within the issues joined on
such paragraphs the overruling demurrer
TO the remaining paragraphs is harmless il
error at all. 2 When the giving of GER
tain instructions is assigned as a single err
ror, all the instructions must be incorrect
to avail as a cause for a new trial 8. Ju-
rors are not authorized to consider any evil
dence except such as given a the trial, but
they have the right to test it's truth and
weight by their general knowledge derived
from experience and observation in their
relations with others. 4. In a suit brought
by the Administrative of an estate for dam
ages caused by the act of the defendant in
causing her deceased husbands death, such
Administrative is competent to testify con-
corning matters which occurred prior to her
husbands death when her testimony is in
favor of the estate. 5. Overruing or sus-
verdict is not cause for a new trial; the
correctness of the ruling on such motions
can only be presented by assigning such
ruling as error in this court.
1929. Newton VS.. Roper. Starke c. c.
Affirmed. Hackney, J.-Where real estate
was sold by the auditor for taxes pursuant
to Sections 247, 24S and 249 of the tax law of
1872, when the lands had been offered upon
due notice at public sale, but remained un-
sold, they became forfeited to the State and
could be sold at private sale without notice.
and such sale without notice was not taking
property. without due process of law.
1A45. Leach VS.: Adams. Morgan c. c..
1851. Allen VS.. Studebaker Company.
Grant c. c. Petition to substitute parties
granted.
Appellate Court.
2511. Cooper VS.. Hooking Valley Bank.
Hendricks c. c. Affirmed. Henley, c. j.
|: A bona fide purchaser for value of nego-
table papers is within the protection of the
law merchant, although the interest on the
note purchased was due and unpaid at the
time of purchase. 2. Testimony is properly
excluded when it is not relevant to any of
the issues rendered in cause wherein it lis
offered. 8. A letter of one of several max
ers of promissory note to the purchaser
evidence as showing an admission of the
debt. 4. 1t is proper to refuse instructions
when the court has instructed the jury in
the same line.
2497. yoris VS. Star City. Association
Parke c. c. Affirmed. Wiley, il A
verbal guaranty of the payment of town.
antor when made for his benefit; it is
an original promise and not within the
statute of frauds. 2 Where person con-
tracts with a corporation and receives a
benefit therefrom by the contract being
fully performed he cannot be heard to say
that the contract was ultra wires on the
part of the corporation. 3. One who deals
with q corporation is presumed to know
the powers and limitations of it's authority
and is estopped to plead its want of author
ity. g. In constituting a special verdict so
as to apply the law to the facts found, the
court should look to the entire verdict and
not to isolated or detached parts of it,, H.
Where fraud is an issuable fact, it is the
duty of the jury to find fraud as an ultimate
fact, and not the badges of fraud.
Superior Court.
Room 3-Vinson Carter, Judge.
Henry T. Noting VS.. Leander A. FuImer
ct al: lien. Finding for plaintiff for SC
against Lot 1873. Foreclosure.
Della Albeit, administrative VS.. L. e. e.
w. Railroad Company; damages Dismissed
by plaintiff at her cost.
Indianapolis Brewing Company VS.. Cas-
per A. Hedderick; mortgage. Dismissed by
plaintiff. Judgment against plaintiff for
costs.
Circuit Court.
Henry Clay Allen, Judge.
On motion of Attorney John j. Stalker
Albert E. Weed was admitted to the bar
Maria. Hildridge VS.. William Hildridge
Defendant defauted. Submitted to court
Evidence heard. Finding for plaintiff De-
cree of divorce and custody of child given
plaintiff. Judgment against defendant for
costs.
In the matter of the trusteeship of Firman
H. Rowney evidence concluded.
Criminal Court.
j. F. McCray, Judge.
30S42 Louis Jaffe. Defendant arraigned
and pleaded not guilty. Trial by court
Evidence heard in part. Cause continued.