The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
THE COURT RECORD.


1902 Slayback VS.. Witt Boone C. c.
Reversed. McCabe, although a parent
law Will not presume that fraud and undue
H.huence on the part of a son caused such
parent 70 execute a deed OF conveyance TO
real estate in his favor; the evidence must
show fraud or undue influence in order to
cause such deed TO be set aside.
lS1U5 Lil.ard VS.. State of Indiana. Van
derburg {. G. Affirmed. Jordan, ii The
weight and credibility of the witnesses in
case are questions to be determined by the
jury and the trial, and this court cannot
disturb the judgment upon the evidence ,.
1t IS not error for the court to sustain oh
Jecuons to questions when the witness has
pre- Viously answered the questions in other
interrogations. 3. In a criminal cause,
where the defendant testified that he had
killed the deceased in self-defenSe, in rebuff
tai by the state it is proper for the state TO
show that the deceased attempted no act
Of violence to the defendant !. In a ruling
on motion for "A new trial in Il criminal
case II IS not necessary that the accused be
personally present in court when his coun-
sci is present at the time when the ruling
is made. D: The fact that the trial court
omitted to inquire of the accused whether
he had any legal cause TO show why judy
ment should not be pronounced upon him
there lisa nothing to show that he was not
afforded every opportunity to interpose OBJ
1ectlons to the judgment which was rem
dered against him.
1899. Van Sickle, VS. Shenk Upton G.
c. Affirmed. Hackney. il. In an action
TO set aside a conveyance of real estate an
allegation that at said times the grantor
had not property subject to execution suffi-
cient TO pay plaintiff Judgment is sufficient
to show the insolvency of the defendant
the grantor. without an allegation that he
was insovent. 2. The reason of the rule
that this court will not weigh the evidence
admits of no distinction between actions at
law and suits in equity. 3. If character is
not directly involved an offer to prove good
character is not admissible 4. In suit
to set aside transfer of property as fraud
ulent, evidence Of the dealings and declara
tons subsequent 10 the conveyance in ques-
M
purpose in making the conveyance.
Appellate Court.
2612. Names VS.. State of Indiana Laporte
S. c. Affirmed. Robinson. il. A woman
cannot be d wife unless her husband is
living and the language in. an indictment
that the said Anna Jones being then and
there married woman and the wife of one
William Jones' necessarily implies. that
William Jones is living. y Ahidavits to
sustain causes assigned for a new trial in
a criminal case must be brought into the
record by the bin of exceptions
2543 . Chandler vs.. Plate Glass Company.
Howard S. c. Reversed. Comstock. j.
Where person executes a gas lease on his
real estate and afterwards conveys the land.
all rents for the lease maturing after the
conveyance belong to the grantee.
2$3s Robinson IN vs. Nipp; Henry C. g:
of set-Off is harmless upon the plaintiff
when it Is treated merely q defense
and that he recover from plaintiff his costs
2. In ascertaining the extent of the authori-
ty of an agent the court must look to what
has been expressly or implicitly authorized
before the act done ny the agent which is
questioned. g. The liability of the principal
for the conduct of the agent is not to be
determined alone by the authority actually
given the agent, but the principal will be
bound if he had conferred the authority
which the third person dealing with the
agent was justified in believing to have been
given TO the agent.
1900 Improvement Company VS. Reddick.
Randolph c. c. Petition for rehearing over
ruled.
Room John l.. McMaster Judge.
Arthur P. Schofeld VS.. the City of In
dianapolis; damages. On trial by jury.
Room "A. r. Hovey, Judge Pro Tenn.
James Maxey vs.. Jacob l.. Bieler; dam
ages. On trial by jury.
Room 3--Vinson Carter, Judge
Guy Schoom VS.. VIM. E. lockwood; dam
ages. On trial by jury.
Circuit Court.
Henry Clay Allen Judge.
George j. f. Moser VS. Thomas p. Haneys
Estate. Submitted to court. Evidence
heard. Finding for claimant for $29S.30 and
Hill & Wolfe VS. Frederick NJ. Snyders
Estate. Evidence heard and taken under
advisement.
Charles S. Boynton vs.. Minnie Taylors
Estate. Allowed by administrator for $l5,
and costs against estate.
Reagan & Brown VS.. Salle Worthington's
Estate. Submitted to court. Evidence
heard. Finding for claimant for costs,
claim being settled
J. c. Alexander VS.. Simon Dearngers
Estate. Claim reinstated by agreement and
allowed for $3.50, and costs against estate.
New Suits Filed.
VIM H. Gordon ct AL VS.. w. G. Stewart
ct al; suit note. Superior Court.
Room g.
Caroline NJ. Malott VS. Wesley F. Moore
ct al suit to foreclose mortgage Superior
Court, Room l.
William j. Caldwell vs.. Dean Brothers
Steam Pump Works; suit for damages. SUI
perior Court. Room 2.
James g. Davis VS., Fannie {. Davis; suit
for divorce. Superior Court, Room l.
Andrew A. Purman, receiver VS.. Mary
A. Stocker ct al; mortgage. Superior
Court. Room 2