The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-12
THE COURT RECORD.
Snnreme Court.

1859. Lumber Company VS.. Savings and
Loan Association. Lake c. c. Reversed.
Howard, c. il. The lien of the mechanic
or material man relates to the time when
the work commenced or the materials be-
gan to be furnished. g. The mere fact that
land is mortgaged at the time mechan-
les lien attaches viii not affect the me-
chanic's lien upon the structure afterward
erected. g. When person acquires mort
gage lien upon property he acquires 1t with
knowledge of the uses and purposes to
which the property is to be applied, and
with notice that under the statute the
mortgaged property is liable to be subjected
to afJer-acquired liens for labor and ma
terial.
1S419. State ex rel. Morris VS.. Mcfarland.
Martin c. c. Affirmed. JORDAN, il. The
authority TO appoint a county superinten-
dent is given by the statute to township
trustees when assembled for that purpose,
and the auditor is made clerk of the cleo
tion and it is only in the event of an equal
division of the trustees that the auditor is
invested with power to cast his vote for
or against the particular propostion in
volved. 2. The statute does not prescribe
the manner or form by which trustees shall
choose a superintendent the form of APP
pointment is not material. 5. The auditor
is entitled to vote for or against a person
for county superintendent in case the trus-
tees are equally divided.
1928. Garrett VS. State ex rel Huntsinger.
Madison c. c. Affirmed. Monk, il. A
motion for a venire de novo will not be sus-
tanned unless the verdict is so defective
and uncertain that no judgment can be rem
dered thereon. 2 A verdict. however in
formal is good If the court can understand
It, g. In order for questions to be decided
which depend upon the evidence for decision
the evidence must be properly in the rec
ord
1854. Armstrong VS.. Hufty. Carroll c. c.
Publication ordered.
Appellate Court.
1855 Mummenhoff VS.. Randall. Marion c.
G. Affirmed. Henley, il. Mutual assent
Is necessary to the formation of a contract
of sale and an error or mistake of facts
in that which goes to the essence of the
agreement excludes such assent and pre-
vents the formation of the contract, as each
Notwithstanding the apparent mutual as
sent. 2. The record must aff1rmatively show
the filing of the long-hand manuscript OF
the evidence in the clerks office prior to its
Incorporation in the bill of exceptions, in
order for the evidence to be considered on
appeal.
1851 Boiler VS.. Dienhart Harness Com
pany. Tippecanoe S. c. Affirmed Black,
J.-Where a person eXcavateS cellar and
digs below the wall of an adjacent owner
and by his own acts allows the cutters to
become INSTRUCTED in such a manner as to
cause the surface water to flow into such
excavation and cause the wall of the adj
ages caused by such action.
22Se Irwin VS.. Pully Company. Barthol-
omew c. c. Appellees petition for rehear-
ing.
Superior Court.
Room John l.. McMaster Judge.
George Gray VS.. Big Four Railway; dam
ages On trial by jury.
Jessie b. Mckinney VS.. Maria Maxwell
appealed from Sears, j. p. Dismissed and
costs paid.
Room 2-Lawson NJ. Harvey, Judge.
Julia A. Budenz, VS.. John F. Budenz ct
al; foreclosure. Finding and decree for
W. ]. Hubbard VS. John M McKahan ct
al; on note. Judgment against defendant
for $3.50.
Harry S. Hicks VS.. Russell Eckman ct al.
Judgment
defendants for $471.S9.
William P. Kappes VS.. Joseph S. Jenckes
ct al. Judgment against defendant Joseph
S. Jenckes for $547.
Connecticut Mutual Life Insurance Com
pany VS.. Maria Maxwell ct al; foreclosure.
Judgment against Maria Maxwell for
$lO,2l751
Room S-vinson Carter, Judge.
Sarah E. Young VS.. Henry Click; CONVEX
sion Dismissed by plaintiff; judgment
against defendant for costs:
Susan karStetter VS.. William B. KarStet-
ter; divorce. Dismissed.
c. G. Roth ct al. VS.. Edwin A. Austin;
for possession. On trial by court.
Circuit Court.
Henry Clay Allen Judge.
l.. p Harlan VS. Flora NJ Browns es-
and finding for plaintiff for $S5l.S7; costs
against estate.
Criminal Court.
John F. McCray Judge.
State of Indiana VS.. Joseph Quinn; wife
desertion. Appeal from Sears, ]. p; tried
by court; evidence partially heard; cause
continued.
The State of Indiana VS.. Belle Pettecord;
profanity. Appeal from Clark, j. p; mol
lied by the state.
State of Indiana VS.. Clarence Settles;
petit larceny. Defendant thirteen years old
released on personal bond in the sum of
500 until further orders of the court.
New Suits Filed.
Ester A Bassett VS.. Samuel II. Bassett;
divorce. Superior Court, Room l.
Louis H. Waggoner VS.. Matilda Wag-
goner; divorce Superior Court, Room 2.
Frank H. Skellman VS.. Isabelle Skellman;
divorce. Superior Court Room 2.
Daniel Arnheim VS. Volney T. Malott re-
ceiver; damages. Superior Court, Room 2.
Henry Magg VS.. Lou Barton; suit to fore
close mechanics lien. Superior Court,
Room g.
Mary H. Brandt VS.. Edward Brandt; suit
for divorce. Superior Court, Room g.
Henry Mag VS.. Rose Bauer ct al; i'm
provement lien Superior Court Room /.
Harry S. Holton VS.. Charles McNaull
on note Superior Court, Room 3.