The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-05
THE COURT RECORD.
Supreme COurt.

1887. Atkinson VS.. Williams. Benton G.
c. Affirmed. Monks, il. When judgment
is rendered upon a verdict before a motion
for a new trial for cause is filed the final
Judgment is the judgment of the court
overTuling such motion for a new trial, and
an appeal from such judgment must be
taken within one year from the date thereof
to give this court jurisdiction. 2. A motion
for new trial as of right is not based upon
error but depends upon the character of
the action. 3. Where complaint seeks to
recover damages for an alleged trespaSs
to certain described real estate and to en-
join g threatened continuation of the same
on the ground that the plaintiff has no
other adequate remedy, there Is no rlgnt TO
a new trial as of right in favor of either
party.
1856 Cochran VS.. White. Montgomery G.
G. Affirmed. Howard. il. tile drain
is included in the drainage act of 1889 page
3d. r. S. 1894, Section 5632( 2. The statutory
appeal from a surveyors allotment for the
sued and not an attack made thereon in
collateral way. 3. 1t is the statutory duty
Of a township trustee to keep public drains
in proper repair and free from distractions,
and where such drainage is constructed of
tile he may enter upon a persons land and
lower the tile to the proper grade when the
person to whom the allotment belongs re-
fuses to do so upon proper notification.
1878. Saunderson VS.. State of Indiana.
Benton c. G. Attorney general requested
to appear and represent public interest.
Appellate Court.
2546. McFarlan Carriage Company VS..
Potter. Rush G. G. Transferred to SUI
preme Court Black, il. 1t is the duty
of an employer to exercise reasonable care
and diligence to provide and maintain a safe
place and safe appliances for the use of the
employe in the performance of his duties
presumed to contract with reference to the
risks ordinarily incident to the particular
employment, which risks he is regarded as
having assumed 2. This case is certified to
the Supreme Court by reason of the APP
pellate Court being unable to agree with a
former rule announced by the former court,
and for decision whether or not an employee
can recover from his employer for damages
caused by a defective piece or machinery
with which he was working and which the
employer had promised to repair on COM
petion of the work which he was doing.
2622. Haleck vs. irwin. Jasper G. G. At
frmed Robinson, J.-Afidavits and count
er-claims filed to set aside default should
be brought into the record by bill of ex-
ceptions
Affirmed Comstock, il. The fact that a
surety has paid part of a note of his prin-
cipal after suit has been commenced
thereon does not entitle him to q set-off.
2. Insolvency is a distinct equitable ground
Of set-of outside of the statute
Superior Court.
Room IL. l.. McMaster, Judge.
Indauetta Keene VS.. Henry Keene: d.
Vorce. Part Of evidence heard.
Room 2-Lawson NJ. Harvey, Judge.
Anna Mohs VS.. VIM. j. A Mohs; divorce
Dismissed and costs paid.
Room 3-Vinson Carter, Judge
George w Losh, jr., VS.. Laura L. B. Losh;
divorce. Divorce granted plaintiff. Judg-
ment against defendant for costs.
Circuit Court.
Henry Clay Allen, Judge.
Arthur Daily, naturalized
H. j. Heinz & Co. VS.. Frederick B. RIGHT
er's estate. Allowed by administrator for
$1S.77 and costs.
ct al. Dismissed by plaintiff. Judgment
against plaintiff for costs.
David r. Watts vs.. Annie Watts. De-
idence heard. Plaintiff granted decree of di-
Vorce. Judgment against plaintiff for costs
George r.. Stradling VS.. w: NJ. Cum
mings's estate. Allowed by administrator
for 49, and costs against estate.
Noblesville Milling Company VS.. w. M.
for $l12.S0. and costs against estate
George Hermann VS.. Amelia Karnitzs es-
tate. Allowed on appearance docket.
Criminal Court.
John F. NGcCray, Judge.
State of Indiana VS.. Ambrose Rose: grand
larceny and embezzlement. Defendant
withdraws plea of not guilty and enters plea
State of Indiana VS. Carrie Davids: pro-
family, Appeal from justice of the peace.
State Of Indiana VS.. Carrie Davids: pro-
woke. Appeal from justice Of the peace
Fine Of l cent assessed.
New Suits Filled.
Ida Conley VS.; John Conley; suit for d.
vorce. Circuit Court.
George w. Taylor VS.. Cleveland, Cincin-
natl, Chicago & St. Louis Railway Com
pany; DANA ges. Superior Court, Room 2
Mary A. Roberts VS.. William E. Roberts:
suit for divorce. Superior CoHrt, Room l.
Mary e. Smith VS.. Gustave A. Efroymson
ct al. damages. Superior Court, Room D.
Fidelity Bullding, and Savings Union vs..
VIM. j. Ripley ct al; suit to foreclose mort
gage. Circuit Court
scofeld Thornton VS.. Edith Bertha
Indiana Bond Company VS.. John Scott ct
al; Improvement lien. Superior Court
Room g
Capital Lumber Company VS. Adeline c.
Wright ct al; mechanics lien. Superior
Court, Room l.
Mutual Home and Savings Association VS..
Henry c. Barrows ct al. mortgage. SUI
perior Court, Room g.