The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-18

dispatcher of railroad is a felow-servant
with other EMPLOYEES or is a vice principal
Which his master has charged him with or
the power and authority with which he is
clothed. 4. Where the master has charged
train dispatcher with the performance of
a duty owing by the former to employees
such dispatcher is a vice principal, and for
whose negligence the master is liable.
1866. Mozingo VS.. Ross. Hamilton C. c.
Affirmed. Jordan, il. A partial payment
of the principal debtor on note will not
suspend the running of the statute of limita-
tons in favor of the surety thereon. 2. The
absence of the principal debtor from the
State will not suspend the statute of limita-
lions against the surety
1S025. Calvin VS.. Britton. Marion C. G.
Petition for rehearing overruled:
1870. Mitchell VS.. Reiegle. Noble G. G..
Petition for rehearing overruled.
1892. Gas Company VS.. Leslie. Madison
S. G. Petition for rehearing granted and
1922. Rumley Company VS.. Moore. Ham
ilton c. c. Petition for rehearing over
1858. Harm VS.. Woodland. Monroe c. C.
Appellants petition for rehearing.
Appellate Court.
A54 c.. c.. c. & st. L. Railway Com
pany VS.. Davis. Clinton c. C. Affirmed.
Henley, c. J.-Where the only right rail-
road company has acquired upon lands
arise from prescription it is liable in dam
ages to the owner of the lands for the de-
struction of a fence which interfered with
the operation of the road by reason of re-
moving the track nearer thereto, and which
ASANO was NOotAOJC0 ny luC COlupduy >
agents.
2219 L., N. A. & C. Railway Company VS..
Cannon. Lake c. G. Petition for rehearing
overruled. Wiley, il. A petition for re-
hearing and a brief in support thereof may
be presented together. but the points relied
upon for rehearing must be stated in the
petition. 2 A petition for rehearing is a
pleading and not an argument.
1886 Fleming VS.. Reed Randolph c. c.
Petition for rehearing overruled.
Superior Court.
Roopa 1-Tobp HoMoe+ar T,,doo
Joseph H Clark VS.. Marion H. Traylor.
Appealed from Justice of the Peace Nicker-
son: Judgment on verdict for plaintiff
Edward H. Rentsch VS.. Samuel l. Hous-
ton; for cancellation Of notes and mort
gage. On trial by court:
Room 2-Lawson NJ. Harvey Judge
Ernest Drier VS.. Averill P. Carter; note
of $277. Attachment sustained and
property ordered sold
notes. Cause dismissed for failure to file
cost bond. Costs against plaintiff.
Room S-Vinson Carter, Judge.
B. F. Schlauzer VS.. Wilhemina Kritsch
ct al; mechanics lien. Dismissed and costs
Weston VS.. Boyle note. On trial by court
New Suits Filed.
Edward d. Fountain VS.. James W.
Vaughn; on note for $3.50.
Thomas b. Noble ct al. VS.. Ethan A.
Stanton ct al; to recover $4GJ court eosts
made necessary by injunction proceedings
by defendant to Obstruct plaintiffs gain
ing possession of property purchased by
him.
Atlas Savings Association VS.. James r.
Milliken: foreclosure of mortgage.
q. Ward Mallon VS. Charles j. Greenstreet:
for attorneys fees amounting to 81 125.
State of Indiana ex rel Board of School
Commissioners of indianapolis VS. James NJ
Tooley; for recovery of school funds.
Atlas Savings Association VS.. Finley p.
Teaster; foreclosure of mortgage. Demand,
$500.
Atlas Savings Association VS. James r.
Milliken; foreclosure of mortgage. Demand,
$500.
Atlas Savings Association VS. William NJ.
Cross ct al. foreclosure of mortgage. De-
mand S502.53.
Arthur Brakeman VS.. Theodore f. Harri-
son; foreclosure on mechanics Hen.
Benedict Bannworth VS. Louis Mueller;
to quiet title TO real estate.