The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-20

G. c. Affirmed. McCabe, il. Punishment
may be lessened, but it cannot be increased
by statute after the commission of the Of
tense. z. The fndeterminate sentence law
does not include any punishment which is
less than Imprisonment in the State Prison.
3. In trying a criminal case the court ought
to instruct the jury that if in their opinion
the offense was not deserving of punish
ment by imprisonment in the State Prison
they should proceed to return verdict pre-
cisely as if the indeterminate sentence law
had never been passed.
1852. Crist VS.. Wayne l. B. and l.. AS
ISOLATION. Huntington C. c. Submission
set aside and publication ordered.
Appellate Court.
2421 e. &. T. II. r. r. Co. VS.. Wilson.
Knox c. G. Affirmed. Black, J.-Where a
ticket for passage over a railroad is pur-
chased from the agent and part of the tick
ct is used under the contract with the agent
that the train would stop at the station on
the same day and carry such person back
to the place from which she started on the
return part of the ticket the company is
liable for all damages caused for failure to
stop the train and take such person to her
destination.
2e7S. Paxton VS. Tyler. Knox c. c. Dis
missed. CoTnstock, il. All the parties to
and affected by a judgment must be actu-
ally or constructiVely made parties in an
appeal from the Judgment. 2. Where judg-
ment against an administrator is for the dis
tribution of the funds in his hands, in APP
peal from such Judgment he should be made
a party
2445. Hass VS.. City of Evansville. Van
derburg c. c. Affirmed. Robinson, c. j.
]. Where the abutting land owner surren-
derS such rights public highway re-
quires he implicitly agrees to surrender his
right to the soil should the municipality
need it in repairing or improving that par
part and which the law presumes enhances
the value of his property; but, there Is no
implied agreement on his part that the soil
be taken by the municipality to enhance
the value of the property of some one else
2 In the Improvement of the highway the
owner of the soil has no right to demand
of the municipality making the improve
ment that it deliver the surplus soil to him
at a certain place; and If lle knows of the
Improvement being made, I1pon the vacd-
ton of the highway fon stae Improvement
it is his duty to take such material away
asshe is entitled to; and If he abandons the
material the city has the right TO use the
soil for such streets as it sees fit.
2474 Wiseman VS.. Green. Scott G. c. Dis
missed per curtain. When an appeal is not
taken until over two years after the judg-
ment is rendered, the appeal will be dis
missed
Company Marion S. c. Motion to dismiss
oVeTI uled.
Superior Court.
Room 2-I,awson M. Harvey Judge.
William A. Smith VS.. George w. Hoffman;
mechancs lien. Dismissed at cost Of plain
William Cutshal VS. Minnie Cutshal; di-
vorce Dismissed at plaintiffs cost.
White ct al; on note. Judgment against
defendant G. NJ. Reynolds for 1896 and costs.
Conrad ShellhOuSe VS.. Henry j. COeSper
ct al. mechanics lien. Finding for plaintiff
of lien for $20790 and costs.
Room 3-Vinson Carter, Judge.
William L. Ripley VS. Elizabeth E. Allen:
foreclosure. Finding and Judgment against
defendant for $3S917 and costs; decree of
foreclosure
William Fl. Fuehring VS. Nancy Il. Miles
lien. Finding and judgment against de-
PENDANT for $500 and costs.
Pabst Brewing Company VS. Herman
Ackelow: on account. Finding and judg-
ment against defendant for $500 and costs.
Circuit Court.
Henry Clay Allen, Judge.
Charles f. Kissel VS.. Henry d. Beisen-
herr; Injunction. Dismissed By plaintiff and
costs paid.
Criminal Court.
Harry f. Negley Judge Pro Tenn
State of Indiana VS. George Gray; grand
larceny. Defendant withdrew his plea of
not guilty and pleaded guilty TO petit lar
ceny; fined 81 and sentenced to the work
house for eight months.
State of Indiana VS.. j. Will Callahan; as
sault and battery. Appeal from Walpole
j. p; plea of guilty; fined 81.
New Suits Filed.
Indiana Bond Company VS.. Clarence W.
Adams ct al; improvement lien. Room g.
Carrie M. Van DENSE VS.. James H. Smith
ct al; foreclosure. Room 2.
Anton j. Van DENSE VS. James Fl. Smith ;
Ellen 0Connor VS.. John o'Connor; di-
vorce Room l.
Emily Blume VS.. Lewis P. Tansil; CONVEX
sion. Room !.
Norris A. zook ct al. VS. w. II. Greer
to quiet title. Room 1.