The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-05

the corporate business, and to enable the
corporation to engage in and carry out the
purpose of its organization 8 Unpaid sub
scriptions to the capital stock OF corpora
ton constitute a trust fund Tor the benefit
of creditors, and the officers of the corpora
ton cannot waste the corporate assets. nor
cepting merely simulated or fictitious pay
ment of stock subscriptions q. Any ar
rangement between stocknoider ana the
officers or agents of a corporation by which
paid-up shares of stock are issued upon
merely nominal payments Is as between the
stockholders and creditors OF the corpora
ton a sham and hence no payment at all.
1857 Ritchey VS. Welsh. Jasper =. =
Affirmed. Monks, il. In partition SUIT
where lands are allotted TO the seVerel
owners the presumption is that the allotss
ments are made subject TO an easement OF
a way of necessity in favor OF the allot-
tees. ,. The doctrine of a way OF neces-
sity applies in partition of lands mace Dy
deed or by proceedings III court.
1892. Davis VS.. Mendenhall. Howard G.
c. Motion to dismiss postponed.
1894. Kirsh VS.. Brown. Benton G. G. Ger
tiorari granted.
lS4i2 Miller VS.. Winton. Morgan C. c.
Dismissed
son c. c. Submitted under amended Rule
10 and cause advanced.
Appellate Court.
2S45 Taylor VS.. b. & Q. Southwestern
Railroad Company. Sullivan c. c. Affirmed.
Henley, il. In suit for malicious prose
cution the plaintiff must show that the
prosecution was instituted without probable
cause. 2. In such a case mallce IS a TACT
to be found by the jury. 5. Probable cause
is a legal conclusion to be drawn by the
court from the facts.
2354 Deering q Co. VS.. Armstrong. Boone
G. c. Affirmed. Wiley, il. Where papers
or instruments are to be filed in open court
it is not enough that they be presented TO
the clerk who places his file mark on them,
but such fact must be called TO the atten-
ton of the court and the court must make
an entry thereof. 2 The mere writing and
fling with the clerk motion for a new
trial is not making an application 1or
24s4. Towers vs. L. E. & w. Railroad
Company La Porte c. c.. Affirmed. Com
road crossing which he knows to be dan
gerous by reason of distractions with
team of spirited horses afraid of the cars,
with his hearing and sight good, II Is ms ms
train to relieve him from negligence in at
tempting to cross; negligence of the rail-
way company will not relieve such person
from exercising due care.
'2439. Gerson VS.. Reder. Porter Z. Z. Trans
PES L, E. & w. Railroad Company VS.:
and issued.
Room John l.. McMaster, Judge.
Mcintosh & Co. VS.. Frederick Hornshue
ct al. on account Finding and Judgment
Naomi Hendricks VS. William II. Hen
bricks; replevin Finding for palntiif that
she is the owner and entitled to the posses
plant valued at $165, and to Judgment
against defendant in the sum of 81 for the
James Hackney VS.. William Mcconnell ct
al: suit on bond. Dismissed at cost of de-
PENDANT
Room 2-Lawson M. Harvey, Judge.
e. Belding ct al. VS.. William M. Smock
on account. Judgment against defendant for
Importers and Traders National Bank of
New York VS.. Eugene Renard ct al. on note
Judgment against defendant for $3ll. D.
The Indiana Bond Company VS.. James b;
Allfree ct al; improvement lien. Dismissed
by plaintiff.
Room S-Vinson Carter, Judge.
p. j. Ryan VS.. Monarch Supply Company
ct al: for receiver. Heard by court; dis
Cornelius Fl. Harris VS.. G., c., c. & st. l..
Railroad Company; damages. On trial by
jury.
Circuit Court.
Henry Clay Allen. Judge.
Equitable Saving and Loan Association VS.;
Thomas Boles ct al; foreclosure. Submitted
to court: evidence concluded; finding for
plaintiff and decree of foreclosure
First National Bank of Laporte, Ind, VS..
E. E. Marvel ct AL. on note. BY agreement
of parties, judgment for plaintiff for $50
and costs
r. II. Alexander VS. Charles w. Rueschs
estate Allowed by administrator for $780,
and costs against estate.
City VS.. Dick Stout; from Police Court
Submitted to court; evidence heard and find
CITY vs. Pliney Hay; from Police Court.
Plaintiff dismisses; judgment against plain
City VS.. Charles McMitchan; from City
Court. Submitted to court; evidence heard !;
finding for. plaintiff and judgment against
defendant for 81 and costs.
Martin S. Greer VS.. William Sloan's estate.
Submitted to court; evidence heard and find
ing for plaintiff for 81, and costs against es-
tate.
CITY VS.. John r. Fossetti; from City Court.
Submitted to court; evidence heard; finding
for plaintiff and judgment against defendant
for 81 and costs.
City VS.. j. b. Bowman; from City Court.
Submitted to court; evidence heard; judg-
ment against defendant for 81 and costs.
City VS.. Tim McCarty. Submitted to court;
evidence heard; Judgment against defendant
for 81 and costs
City vs. William Dietz Submitted to court;
evidence heard; Judgment against defendant
CITY VS. ]. II. wilkins; from City Court
Submitted to court; evidence heard; finding
for plaintiff; judgment against defendant for
81 and costs.
New Suits Filed.
The G. C. Thompson Pottery Company VS.
Henry f. Mathews ct al; suit on note SUI
peror Court, Room |.
JACOB meyer vs.. f1enly T. ndlHeWS ct d. ,
suit on note. Superior Court, Room 2.
South Meridian Savings and Loan Associa-
ton, No. 8, VS.. Henry Seyfried ct al. Su-
perior Court, Room 8.
Ellvina Burk VS.. Lewis G. Burke; divorce
Superior Court, Room 3.
Deotis Lombard VS.. Robert W. Griffith ct
AL; suit on note. Superior Court Room 8.
The Goubert Manufacturing Company VS..
the Indianapolis Gas Company; damages
Superior Court, Room 2.
Myrta M. Morgan VS.. George III. Morgan;
suit for divorce. Superior Court, Room l.
Margaret Bruce VS.. Eva Shingler ct al;
suit to foreclose mortgage. Superior Court,
Room /.