The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-09
and the Supreme Court afirms tho
MT
THE COURT RECORD.


sullivan live q kfirm "s NC Mccabe JThs
case is affirmed upon the. validity of the
reformatory act of 1897, which was upheld
in Miller VS.. State
1885 Collier VS.. Collier. Newton G. 9.
Reversed Hackney Where the csrtii-
script shows that it is true and correct
copy of the record of his docket 1t suft1-
GENTLY complies with Section 624 Burnss
r. f., 1894 which requires the transcript to
be true and complete"
1916. Wooden Mills VS.. National Bank.
ElShart G. c. Petition for rehearing over
1921 Henricks VS. Robinson. Clinton c.
g. Motion to dismiss overruled.
Appellate Court.
2461. Tell City VS. Biesefeld. Perry C. G.
Reversed. Henly, IA city has no power
TO authorize the construction of pair of
scales upon its highways and If il allows
such to be constructed it may remore the
same at its will and the owner cannot COM
plain if the removal is done in a proper and
careful manner.
24O6 Davis VS.. School Township. Warren
c. G. Reversed. Wiley, il. A party ask
ing relief from Judgment taken by de-
fault must show % that he has a meritori-
Gus defense to the cause of action and 90
the facts which tend to show that such
judgment was taken against him through
his mistake inadverance, SURPRISED or eX-
cusable neglect: such facts must be clearly
and distinctly alleged; and in such action no
formal pleadings are necessary beyond the
complaint or motion of the party seeking
relief. 2. An assignee of township orders
has no more protection than the original
payee as such orders are not governed by
township is a municipal corporation, and eX-
lists only by virtue of the statute, and can
only act through it's trustee 4. Where
township. through it's trustee, is served with
process it cannot after judgment has been
taken by default have the judgment set
aside under the provisions of Section 1896.
Horners Statutes, 1897, although the judg-
ment may have been taken through the
fraud of the trustee and the plaintiff in the
PISS Ellis VS.. Steuben County Steuben
G. G. Application to advance overruled.
Per curtain. This application is overruled
upon the authority of Stout vs.. Harlem, IS
N r. Rep. 235.
Superior Court.
Room ii. j.. McMaster. Judge.
Hattie Rhodes Mrs. O'Haver. Appeal
from Justice of the peace Finding that
of property described in complaint and 800
damages for the unlawful detention thereof.
Judgment VS.. defendant for 800 and costs.
No. Fidelity Building and Savings
Union VS.. Nancy l.. Parker ct al; fore
closure. Defendant Regina Trogott dis
misses her cross complaint Finding and
judgment for plaintiff vs. Nancy l.. Parker
for $l,162.8 and costs.
Room 2-Lawson NJ. Harvey, Judge.
Geo. w. Swails VS.. John Hamlyn; ac-
count. On trial by court.
Allen Jones VS.. Mary Jones: divorce. De-
Della q. Spain VS.. Allen T.. SPAIN dl-
vorce. Decree granted plaintiff
Room 3-Vinson Carter, Judge,
John r. Quill VS.. the Brown Ketcham
iron works: damages. Judgment on verdict
VS.. plaintiff for costs.
Frank NJ. AIllikan vs.. II. Il. Condo ct al;
note. On trial by jury
Circuit Court.
Henry Clay Allen. Judge
r. Fl. Bigger VS.. Michael Greeley,s Es-
tate. Submitted to court Evidence heard;
finding for claimant for SO and costs VS..
estate.
r. F. Bigger VS.. Mike Greeey's Estate.
Submitted to court. Evidence heard Find
ing for claimant. Judgment Us. estate for
$3.50 and costs.
j. c. Cain VS. WOrthington McManu's rs
tate Claim allowed by administrator for
$34 and costs W.. estate.
Margaret Mitchell VS.. VIM J. Mitchell;
divorce. Dismissed for want of prosecution.
Judgment VS. plaintiff for costs.
Peter Mullen vs. Matte Canady. Appealed
from Justice Of peace. Evidence concluded.
Finding for defendant. Judgment VS.. de-
PENDANT for costs.
Samuel II. Brown VS.. Charlotte kortZers
Estate. Dismissed by agreement OF parties
at cost of estate.
Alma Ringer VS. Benz. Ringer; divorce.
Submitted TO court. Evidence heard and
continued
Henry Mccoy VS.. James Mccoy ct al; TO
set aside u will. Dismissed for want of
prosecution. Judgment vs.. Plaintiff for
costs.
New suits Filed.
Marion Trust Company, trustee Of the