The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-14
THE COURT RECORD.
Sunrena Court.

1913 Saunderson VS.. State of Indiana.
Benton g. c. Reversed Howard il. A
direct contempt is one committed in the
presence OF the court, and an indirect con-
tempt is one brought before the court by
affidavit ?. The statute does not empower
the grand jury with power to return an in
dictment for contempt. 3. Section 1924, r.
S, 1894, provides the proper procedure for
bringing before the court persons charged
1854 Throne VS.. Abatt Dir Company. Ma
rion s. G.. Affirmed Monks, c. il. When
the proper determination of causes assigned
for new trial require consideration OF all
the evidence in the cause all the evidence
must be in the record before said causes can
Dc considered. :. Although the bill of eX-
cephons contains at the proper place the fol-
lowing, land this was all the evidence given
in the cause" if il affirmatively shows that
all the evidence given is not set forth causes
for new trial depending on the evidence
cannot be considered
Starke c. G. Affirmed Jordan, il When
the misconduct of the jury bailiff is assigned
as cause for a new trial, the weight of the
evidence presented upon the question is a
matter for determination by the trial court.
?. When an accused has knowledge of mis-
conduct of the baiiiff in the presence of the
jury or some Of its members, NbefOre they
return a verdict it is his duty to inform the
court Immediately without waiting for re-
to interpose seasonable objections in regard
to alleged misconduct before a return of the
verdict against him. without showing a suffi
Gent excuse for such failure, it will be pre-
sumed that he acquiesced therein, and there
by waived his right to complain.
lS60S. Bird VS.. Episcopal Church. Elkhart
&. G. Certiorari granted and issued.
lSle9 State eX. rel Taylor VS.. Mount. Ma
rion c. c. Appellee petitions for rehearirg
Appellate Court.
25e5. Thomas VS.. Felt Elkhart c. C. At
firmed. Black, c. il. Objections to en-
tering upon the trial Of a cause placed upon
the trial calendar by special judge must be
made to the court before the trial IS COM
menced. .. Where the instructions TO the
fCf of af,a1- afsasY sJlbaC or
statements not numbered and the instruc
tons are attached collectively as erroneous
in a motion for new trial, if any portion of
them are not erroneous on assignment OF
error based thereon will not avail on APP
peal. 3. Manifest error must be shown by
the action of the court in taxing costs to
ton to have the verdict made more specific
must be made before the jury is discharged.
2SI4. Case VS.. Nelson. Cass G. c.. Dis
missed. Comstock, il. Where the court
orders the removal of an administrators
such order terminates her powers and du-
ties as Administrative of the estate she rep
resents and when in such order she is
ordered to charge herself with certain
moneys received for the estate she may APP
peal from such order but it will be in her
Individual capacity in which case she is re-
CURED to give bond 2 When an appeal
sentinS interests adverse to the estate she
is required to give bond for costs.
25ga. Diamond Glass Co. VS.. Tennel. Tip
ton G c. Reversed. Robinson, il. In
the description of real estate in a written
instrument the land must be so described
that it may be Identified without resort to
parol evidence. p The effect of d contract
Will not be controlled by an erroneous con-
struction given it by the parties themselves
where the meaning is clear. 3. Where a
lease provided for certain payments by the
lessee for each gas we'll drilled which pro-
tuced gas in paying quantities. etc. no
payments were due thereon until after a
well had been drilled although the lease
specified the time when payments should
begin
i772. Citizens street-raIIroad Company VS.
Iauktrec. Marion S. G. Dismissed.
210l. Bondurant Us. Anncy Elkhart Q. G.
Transferred to Supreme Court.
2IG. huffman vs.. Darling Steuben c. c.
Transferred TO Supreme Court.
2i3i. hurry W. Morrisey. Benton c. c.
Motion To dismiss sustained.
gSi6. Capital National Bank VS.. Reid
washington c. {. Transferred TO Supreme
Court.
superior Court.
Room III. L. McAlaster. Judge.
Eliza Gallagher vs.. The city of Indian
anolis ct al. damages. Jury out.
Room james 81. Leathers, Judge.
ella Bein vs. Charles Aisenbray: appeal
Jury returns verdict for plaintiff for $3s.
Richard Niyan VS.. Clifford Il. Powell.
note Finding Tor plaintiff and Judgment