The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-27
THE COURT RECORD.
Supreme Court.


1886; Manor auditor, vs. Stoltz. trustee,
Jay G. e. Affirmed. Jordan, i'll. 1t is the
duty of the county auditor to issue war
rant on the treasurer of the county pay
able TO the township trustee for the amount
due for distribution, and writ of mandate
IS the proper remedy TO compel such officer
to issue such warrants and where the writ
dlscioses that the relator was legally APP
pointed to the Office of township trustee
by the board of commissioners after
vacancy occurred and he duly qualified
under his appointment by filing his bond
to the approval of the auditor and had taxi
en- the oath Of office as required by law,
the facts established that vacancy was
recognized by the commissioners and that
the relator had been appointed to fill 1t. 2
civil township and school township are
each distinct municipal corporations, en-
bracing the same territory and the trustee
of the former is by law ex officio trustee
of the latter and he is entitled to the funds
of both townships and holds them in trust
for the one to which they legitimately be-
long.
Affirmed. McCabe. J.-This court will not
weigh the evidence in a case and determine
where the preponderance lies.
1888. Watkins VS.. Van .Auken. Steuben g.
G. Reversed. Hackney, il. 1t is the duty
of the surveyor of the county in which the
proceedings are had for the construction
of drain to make the repairs and If the
ditch is in more than one county he must
certify the cost of repairs and the assess
ments against the lands of any county to
the auditor for collection. 2 In an action
TO mandate auditor to issue a warrant
to the relator for costs in repairing pub
lie drain wherein the relator is the as
signee of. the original claimant, it must
show that the auditor had knowledge of
the assignment of the claim.
Appellate Court.
.2S62. Roberts. vs., Trammell. Huntington
&. e. Affirmed. Comstock, J.-Where the
effectiveness of the record precludes the
court from considering the reasons for a
new trial except as to the correctness of
abstract propositions of law, the judgment
will be affirmed
1868. Glass Co. VS.. Leach Hamilton c.. c.
Reversed. Wiley, J.-Ths case is decided
upon the authority of the appellant VS..
Marbough, decided at this term of court.
2574. Baker VS.. Cravens Grant C. C.
Transferred to Supreme Court.
Superior Court.
Room John L. McMaster Judge
Theo Morris & Co. VS.. Brown Ketcham
iron Works account. Jury finds for de-
PENDANT.
Jacob Gaettal VS. John Hoffman ct AL ;
account Dismissed and costs paid.
Addie Campbell vs. Citizens Street-rail-
road Company; damages. On trial by jury
Room 2-Lawson NJ Harvey, Judge.
O. c. Myers VS.. Hal w. Smith; account.
Judgment against defendant for $7662 and
costs.
Room 3-vinson Carter, Judge.
Annie L. Kissell VS.. Capital City Cycle
Club ct al. Finding. for defendant. Judg-
ment against plaintiff for costs.
John L. Payne vs. Cora T.. Woodbury. ct
al; lien. Dismissed and costs paid.
Mary e. Bridges VS.. Minnie G. Helms ct
81. Dismissed at defendants cost.
Jenkins-Heaton Manufacturing and Lum-
Der Company VS.. Effie E. Nysewander ct al.
lien. On trial by court.
Circuit Court.
Henry Clay Allen, Judge.
The Indiana Bond Company VS.. John c.
Kreber ct all; street lien. Dismissed and
costs paid.
A. A. Bowser VS. Minnie Sackett ct al.
BY agreement of parties judgment against
defendant Admire vacated. Restraining or
der made perpetual. Judgment in favor of
Admire against plaintiff for costs.
TX. M. Johnson VS.. Il. j. Heeb; breach of
contract Submitted to court Evidence
heard. Finding for defendant. Judgment
against plaintiff for costs.
Charles Amman VS. William Neimeyer.
Appealed. Dismissed and costs paid.
State ex rel. William A. Ketcham VS.. the
Chicago & Eastern Illinois Railway Com
pany; to recover. Submitted to court Evil
dence heard.
New Suits Filed.
James B. Curtis, trustee, VS. the Burris-
Herzsch Company ct al; suit to construe
trust. Circuit Court.
The Ideal Society for Savings, of Indian
apolis, VS.. Sarah G. Morningstar ct al. suit
to foreclose mortgage. Circuit Court
ct al; mechanics len Superior Court,
Room g.
Indiana Bond Company VS.. Maria jameson
ct al. sewer lien. Circuit Court
Rosa Yount VS. William T.. Yount; suit for
divorce. Circuit Court