The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-07
THE COURT RECORD.
Supreme Court.

ship trustee is vested with the power to re-
district his township for school Durposes
when in his iudgmept the interests of the
public require it, subject. however. to the
right of appeal TO the county superintend-
ent. ?. In case the redistricting of a town
ship is for the purpose of evading the act
of 1898 in regard to changing site of school
houses, it will be invalid and of no effect.
1865. Abshire VS.. Williamson. Wells G. G.
Appeal dismissed. Jordan, IL. Where
judgment is rendered in the lower court in
favor of several persons as against party
appealing to this court, such parties should
be Joined as appellees and not co-appel-
lants; and in case the appeal is one taken
in vacation, such persons should be served
with notice as appellees, and the appeal per-
fected within the time allowed by the stat
ute. 2. Where the appellant makes NO ef-
forts within the time fixed by statute for
taking appeals to bring coparties properly
missed.
ington C. c. Reversed Howard G. j.
!. In the act of the General Assembly OF
1897, authorizing the appointment OF BOARD
OF metropolitan police commissioners by the
Governor, the census to be taken by the
mayor of the city asking such police board
is to be an official enrolment of the people
of such city; il is a public document to be
preserved in the archives of the city, ana
subject to the inspection of all parties IN
terested- In making such appointment the
Governors power is derived from the stat
ute and the certificate OF the mayor, upon
which the Governor is to act must be one
based upon the census as contemplated py
the statute.
Appellate Court.
2219 L., N, A. & C. Railway Company VS.
Cannon. Lake G.. G.. Reversed. Wiley, j.
]. Negligence consists in doing something
or emitting to do something which a person
of ordinary prudence and care would not
have done or would not have omitted TO do
person is equally liable for doing a negligent
act, which will be active negligence or In
emitting to do an act, which will be passive
negligence. where, by such omission, injury
will follow. 8. In an act for damages caused
by the negligence of the defendant 1t is IN
cumbent upon the plaintiff to show that ne
is free from fault; and in case of a Speclal
finding by the jury such fact must be found.
1902 Board of Commissioners vs.. fraser
Benton G. c. Affirmed. Comstock. IA
joint assignment of error must be good as
to all the appellants or it will fail.
1922 Lake Erie & Western Railway Com
pany VS.. Spidel. Clinton G. G. Reversed
Henley. J.-Where a remonStrance to a. Pc
tition asking the location of a highway
shows that said proposed Highway will IN
the other hand, will damage It in a large
amount to wit, the sum of $780, it is error
for the court to refuse the remonstrant the
right to prove the specific items OF damage
1898. Cameron VS.. oberlin steuben C, c.
Appellee petitions for rehearing and motion
to modify mandate.
2252 Savings Bank VS.. Cooper Putnam c.
G. Petition for rehearing overruled
22o6. Fritch vs.. Patterson. Martin c. c.
Transferred to Supreme Court.
Superior Court.
Room John l.. McMaster, Judge.
City VS. Dr. c. Il. Bruning. Appealed,
Finding for plaintiff in sum of 81 and costs
and ordered that defendant stand COM
mltted until said Judgment is paid.
Louis Burkhardt VS.. John Booth; fore
closure. Finding and judgment for plaintiff
against defendant for $50. 80 and costs.
James r. Ross VS. William Strigelmier:
note Finding and judgment for plaintiff
against defendant for sSSlos and costs.
Louis Kinsey vs. Casper Schmalholz;
chattel mortgage Finding and judgment
costs.
Occidental Saving and Loan Association
VS. Benjamin Olgus; foreclosure. Finding
for plaintiff against defendant for $SS9.29 and
costs.
Room S--vinson Carter, Judge
Charles N. Williams VS.. Robert NJ Irwin;
note. Dismissed and costs paid.
Frederick Grunert VS. Edward M. Wood;
account. Finding and judgment for plaintiff
for $224.7O and costs
Cornelius II. Harris VS.. c., c., G. & St. i.
Railway Company; damages. On trial by
Circuit Court.
Henry Clay Allen, Judge.
Jacob c. Yunc<er ct al VS.. Mary c. Far
ris ct al; on note. Dismissed by plaintiff
Rebecca A. Hooker VS.. Samuel Cain;
SANDER Dismissed by plaintiff and judg
ment against plaintiff for costs.
August Kempf VS. John Il. McGuffin; note
and attachment. Submitted to court Evil
dence heard
State ex rel Anna Glow VS.. Nellie Glow.
Submitted to court. Evidence heard. Find
ing for plaintiff against defendant, Com
mitted to Reform School for Girls.
New suits Filled.
Board of Church Extension of the United
Presbyterian Church of North America VS..
the City of Indianapolis: suit TO quiet title
James &C. Mills VS.. Robert Duncan ct al;
suit to foreclosc mechanics lien. Superior
Court Room 2.
Georgia Miller VS.. William A. Miller; suit
for divorce. Superior Court, Room 3.
John Schubert VS.. Jennie Schubert; slit
for divorce. Superior Court, Room l.
Indianapolis Paint and Color Company VS..
John j. Smith ct al. mechanics lien. SUI
perior Court, Room 3.