The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-18
THE COURT RECORD.
Supreme Court.

1S469. State ex rel. Bishop VS. Grove Jay
c: c. Reversed. McCabe, il. The acts
custer are as valid as the acts of an officer
de Jure. 2 The court will presume that all
which appears in an information was left
there by the court unless the contrary is
made to appear affimatiyely by the record
3 The title of township trustee to his Of
flee after it is admitted that he was duly
elected and qualified cannot be questioned
in a collateral way.
1S46l. Thompson VS.. Harlow. Jackson c.
G.. Reversed. Hackney, il. In a col
lateral attack upon decree the infirmity
of the record must be disclosed. g. Parties
who are in court as litigants are bound to
know the rights of other parties as to
pleading and presenting issues affecting the
interests of all: 3. A mere mistake Of law
affords no relief.
tor. Howard G. c. Affirmed Howard, c..
il. In considering the correctness of the
conclusions of law on the facts found. all
questions that could be raised on the suf-
ficency of the pleadings Will necessarily be
considered. 2. collateral attack urcn a
judgment rendered in q -rourt-. of general
jurisdiction cannot prevail unless such pro-
ceedings and judgment are wholly void. g..
When person takes a mortgage upon real
estate after the same has been attached he
takes 1T pendente lite. 4. In an effort to i'm
peach a judgment the plaintiff should allege
what was done and What was omitted by
the court affecting it's jurisdiction in the
matter, and also vhac. # anything is
shown by the record in relation 20 the issue
he tenders.
pany VS. Small. Hamilton q. e. PeutiCn
for rehearing overruled. McCabe, il.
Where the plaintiff appeals and l. Is shown
that he has no cause Of action against the
defendants. Intervening errors if any. must
be regarded as harmless and the judgment
must be affirmed. 2. In order 10 question
the legality of the Gle ,t'Cn of ulcers to a
corporation or cheir power and authority to
exercise the corporate functions IL must lie
done by filing an information in the name
of the state
1S4OS Trust Company vs. Moore. Wabash
c: C.. Motion to modify, etc. toyerruled.
iS54S Duncan mean Us p,, SMITH 81 Marion c. C.
1909. State ex rel Harrison VS.. Manaugh.
Whitley c. C. Submitted under amended
argument June IS, 1898; briefs ordered to be
filed in ten days
Appellate Court.
1862 Hubbs VS.. State er rel. Kurtz. Perry
G. c. Affirmed. Black, il. In an action
upon a township trustees bond the defense
to the action upon the ground that the de-
rand has been discharged should be
pleaded as a defense and not as a motion
for dismissal. 2. The word decision" as
used in the sixth clause of Section SOS,
Burns's r. S. 1894, is in the sense of find
ing upon the facts where the cause is tried
by the court.
PASS. Bachman VS. Cooper. Marion C. c..
Affirmed Robinson, c. il. The act of
March II. 1895, did not change the law as it
to have the jury find upon part only of
the material facts. q Where party agreed
to the submission of interrogatories after
the evidence was in and commented upon
them in his closing argument without OBJ
lection he is in no position to complain. g.
Where the evidence is conflicting this court
will not reverse the Judgment on the evil
2475. Buchner vs.; City of South Bend. ST
Joseph C. G. Affirmed Comsteck, j.
caused by a fall upon a sidewalk, in order
for the plaintiff to recover it must appear
that the injury was caused by defect In
the sidewalk.
Superior Court.
Room 1--Jno. L. McMaster, Judge.
Chas Reichert VS.. p, c., c. & ST. /.
Railway Company; damages. On trial by
jury.
Room 2-Lawson NJ. Harvey, Judge.
Horace e. Kinney VS.. The Hitz Baking
Company; conversion. Dismissed and costs
Got Gotfried Kohl VS.. Lena Behr ct al; note.
Judgment against defendant for $109 and
Frederick H. Wiley VS.. L. A. Fulmer;
foreclosure. Judgment against defendant
for $1.24 and costs.
note Dismissed and costs paid
Benjamin Mercer VS.. William Bannon;
damages. Jury returned verdict for de-
Room S--Vinson Carter Judge.
Margaret Conboy VS.. Railway Officials
and Employees Accident Association; policy.
Jury returned verdict for defendant.
Geo Kornbrook VS.. Jas. M. Beatty; dam
age. On trial by jury.
Circuit Court.
Henry Clay Allen, Judge
Hugo Cook VS.. Ignatz Kochs estate. AL
lowed by administrator for 81 414.16 and
costs VS.. estate.
VIM H. II. Bartholomew VS.. Thomas b.
Bailey on note. Submitted TO court. Evil
dence heard; finding for plaintiff. Judgment
VS.. defendant for 500 and costs without
lief
Edward w. Little VS. Rein r. HAM
mond's estate. Evidence concluded. Finding
for claimant Judgment VS.. Rein Ham
mond as principal and VIM. A. Reading
and estate of Rein n. Hammond as sur
tiles for S64. AZ and costs.
Harmon j. Everett VS. Steven Slinkard ct
al, on appeal bond. Submitted to court. Evil
dence heard.
News Suits Filed.
Flora r. Shelby VS.. Willard Shelby; suit
for divorce. Superior Court, Room 8.
August E. Rahke VS.. William Beck suit
for an accounting. Superior Court, Room 3.
Willis Il. Hutchinson VS.. William b. How
ard ct al; suit on bond. Superior Court,
Room /.
Erastus b. Fletcher vs.. City of Indianap-
oils; damages Superior Court. Room 3.
Daisy A. Harper VS.. Henry l.. Harper;
divorce. Superior Court Room 2.
Elizabeth Blu VS.. Uriah l.. Blu; divorce.
Superior Court Room /.
Theodore Il. Griffith ct al. VS.. Barton w.