The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-06
THE COURT'RECORD.
Superior Court.
Supreme Court.


1865. McFadden VS. Owens. Shelby c. c.
Affirmed. Howard. c. il. A bill of eX-
ceptions to become a part of the record
must be rendered to the judge within the
time allowed. 2 In order to raise a queS-
ton on the conclusions of law there must
be exceptions taken; it is improper to at
tempt to raise such questions on motion to
set aside the conclusions of law. 3. There
must be an affirmative showing that the
whole bill of exceptions was rendered to
the trial Judge within the time given
1872 Davis VS. Mendenhall. Howard G..
c. Affirmed. Jordan, J.-Acts 1893, +. IL.
does not prohibit a township trustee from
changing the site of a school in his town
ship when he acts in good faith-said act is
only applicable where the site Of the house
is TO be changed.
1875 Parsons VS. Durand Miami c. G..
Affirmed. Hackney. il. Where Il person
is occupying an office under a claim of right
il is proper for him to enjon another from
title to the office is in dispute. 3 The COM
mon council of a city does not perform a
legislative function by taking the law into
its own hands and deciding upon the legal
rights of adverse claimants to an Office and
enforcing it's decision by ejecting the in
cumbent from the office.
1S30S Tax Commissioners VS.. Holiday.
Marion C. c. Petition for rehearing over
ruled.
1856 Johnson VS.. Shirley Boone C. c.
Petition to intervene granted with leave to
file brief.
2437. Walker VS.. Board of Commissioners.
Hamilton G.. c. Affirmed. Black, J.-When
the County Commissioners act under the re-
quest of the petitioners for road improve
ment. as authorized by Burns, r. $. 1894,
Sec. 1924, ct seq, the costs of the publica-
ton of the notice of the special election
under such statute must be paid by the
2iO. Gilman VS.. Bliss. Elkhart c. C. Re
versed. Comstock, IA justice of the peace
is liable on his bond for money collected by
him in his official capacity when he fails
to pay the same on demand to the proper
owner.
24l5. Gas and Light Company VS.. McCor-
mick Delaware c. G. Reversed. Robin
son, G. J.-This court cannot weigh the evil
dence to determine where the preponder-
ance lies. 2. In an action TO collect note
given to a gas company on contract with
it to furnish gas in its mains to be taken
from the mains by it's patron. the contract
providing that the company would furnish
a sufficient supply of gas to properly neat
and light such person resoen 6s; oto I'm
and keep i'm repair the service pipes from
the main to his residence, it was error to
allow witnesses TO testify that at stated
times they had no gas when there was no
showing that all the parties took gas from
the mains on the same conditions. .. me
law will not permit a decision 10 ne maze
on remote differences.
2191. Wrought Iron Bridge Company VS..
Board Commissioners. Marion Z. O. Petl-
ton for rehearing overruled.
Room ii. l.. McMaster, Judge
George Ramsey VS.. w. A. Euloss ct al;
Henry Nj. Flir1nan ct al. VS. VIM. H. Cum
diff; attachment. Dismissed ana costs paid.
Elizabeth Fair VS.. David Fair; divorce.
Dismissed by plaintiff. Judgment against
plaintiff for costs.
Room 2-Lawson NJ. Harvey, Judge.
Conrad p. Shellhouse VS.. John p. Lindley;
note. Dismissed and costs paid.
Room S-Vinson Carter, Judge.
Frank NJ. Millikan VS.. Ii. T. Condo; note.
On trial by jury.
Circuit Court.
Henry Clay Allen, Judge.
The F., c.. C. & st. l.. Railway Company
vs.. John N. Carey ct al; to quiet title; SUB
mitted to court Evidence heard. Finding
for plaintiff Decree quoting title in plain
tiff at plaintiffs cost.
Delana NJ. Darling VS.. Jacob Eldridge's
heard. Fir ling for claimant and judgment
against estate for $l.9l1SS and costs.
Henry Jameson vs.. Allie f f sf estate,
against estate for costs.
City VS.. Mace Bruder: from Police Court.
Huckstering without badge. Defendant de-
heard. Finding for plaintiff Judgment
against defendant for 81 and costs;
Defendant defaulted. Submitted TO court.
Evidence heard. Finding for plaintiff Judg-
ment against defendant for 81 and costs.
Indiana Trust Company, guardian, VS..
Ann Reno ct al; partition. Defendants de-
faulted Submitted to court. Evidence
heard. Finding for plaintiff and partition
Indiana Trust Company. guardian, VS..
Isaac L. Reno ct al. attachment and gar
nishment. Defendant defaulted. Submitted
to court.
City VS.. John r. Payne; from Police
Court. Digging in alley and depositing
noxious refuse matter in sewer. submitted
to court. Evidence heard. Finding for
defendant. Judgment against plaintiff for
costs.
Vermillion County VS.. Kate Burns's es-
tate. Submitted to court. Evidence heard.
Finding for claimant judgment against
estate for $12. 40 and costs.
City VS. John Jones; from Ponce Court.
Allowing colt to run at large. Submitted to
court Evidence heard and taken under adj
Visement.
James H. Hedges VS.. Ruth Hedges's es-
tate. Dismissed by plaintiff and costs paid.
Criminal Court.
John +. McCray Judge.
The State of Indiana VS.. Thomas Codding-
ton; petit larceny. Defendant released from
the county Jail on payment of fire and
costs.
petit larceny. Defendant released from the
county jail
New Suits Filed.
Mamie Sherer VS.. John H. Sherer; divorce.
Room 3.
Bertha Albright VS. Charles w Albright.
William jenkins and Thomas Jenkins: sup
Catharine NJ. Lewis Us. u, drew F. Bunk
ct al: 10 quiet title. Circl Court
State of Indiana eX rel. August Hoffman
vs.. Otto Hoffman; incorrisso'tt.-. Circuit
Howell Waddle VS.. Charles o. Brittor and
Phoebe e. Britton, 10 closure. Circuit
sarah Kinney VS.. William Kinney; di-
vorcc. Room /.
VITAL STATISTlCS-APRIL 5.