The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-01
THE COURT RECORD.
Supreme Court.

the treStle is not bound to lessen the speed
to escape. 3. An engineer has the right to
presume that trespasser will get off a
railroad in time to avoid danger and the
right to such presumption continues to exist
Until point making it perilouS to continue
the speed is reached.
1894. Knowlton VS.. Dolan. Cass C. c.
Affirmed. Monkss i'll. When a pleading
is stricken out on motion the same is not
part OF the record, and can only be brought
or order of court, ard if not so brought into
the record it cannot be considered by this
court; and, the presumption is that the
court committed no error in sustaining
motion to strike out a pleading. 2. Courts
nave the power, on application, to make
their records speak the truth and to correct
mistakes made in entering their proceedings,
orders, judgments and DEGREES. g. Clerical
mistakes in entering commissioners deed
In the order book may be corrected. 4. A
motion to correct such errors cannot be
tested by demurrer or an assignment of
error that 1t does not state facts sufficient.
3. Where an order of court is not void it
cannot be attacked in a collateral manner.
g. Descriptions of real estate in instruments
of writing are certain when they can be
made certain.
1878. Chicago Ry. Co. VS.. Hammond Ry.
CO. Porter C.. c. Petition for rehearing
overruled. McCabe. latter q petition for
rehearing has been filed and the petition has
become misplaced or lost, on notice from the
clerk of such facts it is the duty of the
petitioners to supply copy of the missing
petition will be overruled.
Appellate Court.
252. School TIP. VS.. Insurance Co. Perry
G. c. Affirmed. Black IA township
sonable expenditures from the special school
revenue for the insurance Of school prop
erty.
2512. Tinsley VS. Fruits. Montgomery C.
G. Reversed. Wiley. ii A counter-claim
to be sufficient must contain all the essential
aVerments. of a complaint, and must state
and against the plaintiff growing out of the
subject matter alleged in the complaint,
but a. counter-claim will not fulfill the office
of an answer. 2. Where a purchase of ma
chinery is made from the manufacturer, the
sale being made by an agent, in an action
against the purchaser by the agent upon the
promissory notes given in payment of the
machine the purchaser cannot recover upon
counter-claim against the agent merely
because he made the purchase through the
agent g. Oral negotiations leading up to
written contract are merged in the latter.
4. There can be no estoppel by inference.
s.. There can be no estoppel in the absence
or fraud. 8. There can be no eStoppel where
everything in relation to the transaction is
equally known to both parties.
Greene c. c.. Petition for rehearing over
ruled.
PASS Gise vs. Cook ST. Joseph c. C.
Transferred to Supreme Court.
2265 Life ms. Co. vs. Bowser Allen c.
Z. Petition for rehearing overruled.
Superior Court.
Room John L. McMaster, Judge.
The following cases were dismissed yes
Oliver H. Stout vs. Uriah M Charles ct
al; note.
Fred W.. Noting VS.. Andrew ]. Reed;
sprinkling lien.
Lafayette Starrett VS.. George w. Powell
ct al; damages.
Louisa Sheppard VS.. City of indianapolis;
damages.
Realty Company vs.. Herbert T. Bush ct
al; on lease.
Marcus Goldsmith VS.. Dora Goldsmith ct
Walter E. Newly vs. Charles Kenner;
appeal from Lockinan, justice of the peace.
Samuel Ellinger VS.. Benjamin F. Irwin
May Scott VS.. Efe Given ct AL; me-
Eli Hawkins VS.. Thomas Morgan ct al;
State ex rel. Elmer E. Stewart VS.. VIM.
S. Lockman ct al; damages.
Zba Crawford, receiver, VS., Henry
Sch1ull ct al; on account.
Dora Beckley VS.. Leonard Beckley; sup
port.
Thorne Typesetting Machine Company VS..
John Carver ct AL; account.
Stella Sumpter VS.. Charles Sumpter ct al;
support. ~
Ambrose A. Afford VS. Samuel Shank; ap-
peal from Lockman, justice of the peace
William Gansberg ct al. VS. Wilhelmina
Andra; Improvement lien.
Bond Bond and Surety vs.
Capital National Bank VS.. Arthur b.
Grover ct al; note
Indianapolis Brewing Company VS.. August
Erbrch; note and account.
William. A. Jones ct al. VS.. Red Clay
Orchard Company; damages.
Ella May Goble VS.. Frank 5. Goble; di-
A. L. Anderson vs. Mary E. Anderson;
divorce.
Atlas Savings Association VS.. Charles
Nelbing ct al; foreclosure.
Minnie Cohn VS.. James w. Cohn; divorce.
Emma Williams VS.. Edward Williams;
Lulu speer VS.. Michael speer ct AL; sup
William c. Leppus VS.. George Bauer; ac-
Indiana Bond Company VS. E. A. King
man; improvement lien
Joseph D. Brown VS.. Frederick w. Cady;
Mary A. Gilmore VS. A. ]. Cox ct al; me-
chanics lien. Plaintiff dismisses as to de-
PENDANT Cox. Finding and judgment for
plaintiff against defendants Gililand & Gill
liland for $32.49 at plaintiffs cost.
Room s-vinson Carter. Judge.
Amelia Miller VS.. Samuel H. Miller Di-
vorce granted plaintiff. Judgment. against
I,orena Dudley VS. Arthur Dudley Di-
vorce granted plaintiff and maiden name,
Lorena Jansen, restored. judgment against
plaintiff for costs.
Consolidated Coal and Lime Company VS..
Aaron A. McCray;. account Finding and
Judgment against defendant for $3.50 and
costs.
Henry Clay Allen, Judge
Petition of Isaac Coyle for removal of
guardian. Submitted to court. Evidence
heard.
Criminal Court,
Joseph B. Healing Special Judge.
State of Indiana VS.. Daniel Field and John
Misner burglary and grand larceny. Each
fined $40 and imprisonment in workhouse for
ninety days.
New Suits Filed.
William T. Long VS. Flora Fl. Long; pc
tition for writ of habeas corpus. Superior
Court, Room 2.
Julie Petit VS.. Alonzo A. Petit; suit for
divorce Superior Court, Room 3.
Ambrose j. Heron ct al. VS.. Lorena Bar
rett; mechanics lien. Circuit Court.
Blood Didn't Tell.
A colored man hastily entered the city
clerks office yesterday afternoon and
looked around in timid sort of way.
You're perspiring pretty freely, amt
voti soma one asked