The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-16

in a safe condition for the use Of the SER
want. 3. The master is charged with the
notice of the deterioration of tools by con-
tinued use and by natural or ordinary de-
cay such as may be discovered by reason
able inspection. 4, Whether or not the
breaking of hammer handle cause a piece
of stone to inj,1re the eyesight of the per-
son using the hammer is question of fact
and not of law.
firmed. Henley. il. Judgment on demur-
rer will be held to be a valid adjudication
between the parties as to the cause of ac-
ton stated in the complaint If 1t appears
that the cause of action was determined
upon it's merits. 2. The long hand manu-
script of the evidence cannot become a
ated in proper bill of exceptions and aft
er being signed by the trial judge, filed
with the clerk of the trial court.
2379. Smell VS.. Maddux. Delaware G. c..
Affirmed. Robinson, c.. il. In order to
pass legal ownership of judgment it is
necessary to make the assignment as pro-
not be strictly complied with to pass an
equitable title and give the assignee a
right to sue on the Judgment. 2. Sale of a
judgment by an assignee of voluntary
assignment is sufficient to vest the pur~
chaser with an equitable interest in the
judgment.
2222 Indiana polls Iron Company VS. Cray.
Delaware c. c. Petition for rehearing over
ruled
Superior Court.
Room IL. L. McMaster, Judge.
T. T. Fulkerson VS.. r. e. Neal; note.
Finding and judgment for plaintiff against
defendant for STRIPS and costs.
James w. Brendal ct al. VS.. John P.
Heaton; note and account. Finding and
judgment for plaintiff for $74.S5 and costs.
Room 2-Lawson M. Harvey, Judge.
Indianapolis Brewing Company VS.. Chas.
Ruchert;. account. Judgment against de-
PENDANT for $242 and costs.
Indianapolis Brewing Company VS.. Her
man Buler; notes and account. Judgment
against defendant for S35268 without relief,
and $3S3.61, with relief.
Harry Darling VS.. A. A. Barnes: damages.
On trial. jury out
Room 3-Vinson Carter, Judge.
John P. Quill VS.. Brown etcham Iron
Works; damages. On trial by jury. Evil
dence in.
Circuit Court.
Henry Clay Allen, Judge.
Joseph A. Hickman VS.. Joseph E. Heck
mans estate Allowed, as per agreement,
for $72.1S and costs against estate.
Wilhelmina Burkhardt Lena Kraft
damages. Attorneys withdraw appearance
for plaintiff and cause dismissed for want
Of prosecution. Judgment against plaintiff
for costs.
James r. Smith, trustee VS.. Perry c. APP
pie, assignee, ct al: SUIT to set aside al
legged fraudulent ConTe yance of real estate
Evidence concluded
New Suits Filed.
Edward Fisher ct al vs. Herman F. Rik-
h9 45,;, suit on On n ct CIRCUIT Court
Boien; suit Oh notes. Superior Court,
Room /.
Howard M Foltz VS.. Anna Mills; suit on
judgment. Circuit Court.
VIM. V. Howard VS. John r. Prickey ct
al; mechanics lien Superior Court,
Room 8.
Trustees of Marion County Library VS..
James B. Bright ct al; suit to foreclose
mortgage. Superior Court Room 2.
Peter G. Weyenberg VS.. John r. Richey;
damages for false Imprisonment. Superior
Court, Room l.
Mandie Whitset VS.. Albert Whitset; di-
vorce. Superior Court, Room !.
Consolidated Coal and Lime Company VS.
Frank G. Lingenfelter ct al; suit on con-
tract. Superior Court, Room 2