The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-14

sufficient to prove that the appellant either
built or operated and maintained its tracks
across such streets or either of them. 4. An
implied dedication of land to a public use
arises by operation of law from the acts of
the owner.
1880 Lumber Company VS. Savings and
Loan Association. Lake c. c. Reversed.
Howard G. J.-This case is reversed upon
the authority of cause No. 1889. decided at
1928. State ex rel. Goodman VS.. Halter.
Knox c. c. Petition for rehearing over
ruled. Per curiam.-1. Motions and the rul-
ings of the court thereon form no part of
the record unless brought in by a bill of
exceptions. Although copied into the record
by the clerk, they form no part thereof and
cannot be considered by this court 2.
Where a paragraph of answer Is but an
answer 10 part of the complaint a de-
murrer thereto cannot be carried back and
sustained to the complaint.
1888. Relender VS.. State ex rel. Utz.
tloyd {. G. Affirmed. Jordan, il Mem
bers of a board of commissioners are re-
they serve as such officers and perform such
duties as the law may direct 2 County
othcers are required to actually reside in
the county during the time they are in
cease to reside in the county their acts will
operate as an abandonment Of the Office,
and, ipso facto, a surrender of all his right
ana title TO the office except i'll merely tenn
porary absence or removal for limited
time in which case the. burden is on. such
person or persons to show that such alb
sence was only temporary.
Appellate Court.
1923 Ross VS.. Stockwell. Monroe c. c.
reversed. Black, il. Where lease con-
talns covenant on the part of the lessor
10 make repairs upon the leased premises
and there has been breach of this cove
nant the lessee may himself make the i'm
proyements and recover the expense from
the lessor, or without making them he may
recover from the lessor an amount repre-
sentng the consequent diminution in the
rental value of the leased property. 2. The
ciFrr flan
by landlord refusing to make repairs
should be specified to be admissible as evil
dence
2661 Reading VS.. Brown. Marion S. c.
Dismissed. Henley, 1.-THE statute requires
all appeals to be taken within one year
from the rendition of the judgment unless
at the time Judgment is rendered, in which
case he may appeal within one year after
the disability is removed.
Superior Court.
Room 1-John L. McMaster, Judge
Samuel Rittenhouse VS.. T. H. & l. Rail-
way Company damages. On trial by jury.
George Gray VS.. Big Four Railway Com
pany; damages Jury finds for defendant.
Room S-vinson Carter. Judge.
David A. Coulter VS.. Laura f. Sprague
ct al; foreclosure. Dismissed and costs
John F. Stevens VS.. Diamond Steam
Laundry; appeal. Finding for defendant.
Judgment against plaintiff for costs.
Circuit Court.
Henry Clay Allen, Judge
Patrick j. Gorman trustee VS.. Maud
weaver ct al Dismissed and costs paid.
Criminal Court.
John T. McCray, Judge.
The State of Indiana VS.. Mary c. Evans;
selling liquor without license. Tried by
court. Finding of guilty. Fined s. and
costs.
The State of Indiana VS.. Mary c. Evans
selling liquor without license. Trial by
court. Taken under Amusement Finding
of guilty.
Samuel e. Hamlin; selling liquor without
license. Tried by court. Taken under adj
visement.
New Suits.
James N. Crabb VS.. Oscar ]. Ensley; COM
plant for an accounting. Circuit Court.
Joseph Throm VS.. Nelson Morris ct al.
damages. Circuit Court.
Mamie Harvey VS.. Edward Harvey; suit
for divorce Superior Court, Room /.
Elizabeth Roe VS.. the Lake Erie & West
ern Railroad Company; damages. Superior
Court, Room 2.
Wilhelmina Forester VS.. William L. For
roster; divorce Superior Court, Room 3.
Julia j. Brooks, administrative, VS.. Citi-
zens' Street-railroad Company; damages.
Superior Court Room