The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-30
THE COURT RECORD.
Supreme Court.

Supreme Court.
1914 State of Indiana VS.. Winstandley.
Clark G. c. Reversed. Howard: J.-Where
two defendants were indicted for perjury,
caused by their swearing falsely in joint
affidavit for a continuance of cause OF
action against them, the Indictment against
them may be joint and several.
1924 City of Evansville vs. Lenhem. War
rick c. c. Petition for hearing overruied.
McCabe, il. If a city purchases lumber
from person and the seller piles the same
in a street without notice to the city, ex-
press or implied, the act of placing the lum-
Der in the street is not an act of the city
and it is not liable therefor. 2 Where the
evidence in a cause is sufficient to require
the submission of the question of fact to
the jury the defendant has right to de-
mand an instruction stating what the law
is in case the jury find certain facts from
the evidence.
firmed. Hackney, c. il In an appeal from
the board of commissioners in proceeding
to incorporate certain territory as town,
by person interested but not party. he
must file his affidavit as provided by Sec.
1853, r. s., 1894, but under R.. s., 1894 Sec:
4S14 ct seq, a party interested may appear
and oppose the proceedings at any step, and
by implication of the statute party inter-
ested may appear and challenge the action
of the board and the legality of the election.
2. The failure to cause sureties to sign
an appeal bond is ground for dismissal
1854. Heady VS.. Brown. Sullivan c. c.
Petition for rehearing overruled Hackney,
c. il. Partition is not within the jurisdic-
ton confessed by the statute upon the APP
pellate Court 2. Jurisdiction over the SUBJ
ject matter is not waived as it is over the
person.
1S445. Leach VS.. Adams. Morgan C. C.
Transferred to Appellate Court
Appellate Court.
1866, Contracting Company VS.. Young.
Delaware c. c. Affirmed. Henley, c. il.
In an action for damages caused by the
negligence of the defendants where a spe-
cial verdict is returned by the jury the
conclusion of negligence is not for the Jury
to determine, but for the court. 2. Where the
facts placed before the court by special YER
dict are sufficient for the court to base its
will be upheld. g. How much weight should
be given to evidence of loss mental suffer-
ing, etc, is for the jury to decide.
Marion S. G. Reversed. Wiley, il. The
appellate tribunal will not consider any
question on appeal that has not been pre-
sented to the lower court for it's ruling.
except where issues have been made and
the suff1ciency of the complaint has not
been tested by demurrer, the cause tried
then on appeal by proper assignment of
error, this court may pass upon the suf-
hclency of the complaint. 2 After pleading
to the merits of q cause the sufficiency Of
the complaint is, until it's final disposition
before the court, but where only a plea in
abatement which challenges the jurisdic-
uon or the court over the person of the
defendant. the sufficiency of the complaint
is not thereby presented to the court be-
I low either fn directly or indirectly. g. de-
record and cannot be carried back and sus-
tanned to an insufficient complaint A. gem
eral superintendent of a corporation is an
o1t1cer of the corporation and authorized to
transact business in its name and service
upon him is service upon the corporation it
self.
27O3. Cook VS. Ball Warrick C. C. Motion
TO dismiss postponed.
Superior Court.
Room John L. McMastar, Judge
George. Carter VS.. Charles Gorsuch; dam
ages. Dismissed; costs paid.
foreclosure. Dismissed costs paid
Alfred M. Ogle ct al. VS. TEston p. Tomlin-
son ct al; foreclosure. Plaintiff dismissed
lnson. Finding and judgment against de-
PENDANT Tomlinson for $454.65 and costs.
Room 2-Lawson M. Harvey, Judge.
~ 1ndianapolis Water Company VS.. Robert
Y. Phillips; possession. Finding for plaintiff
for possession of real estate; costs against
defendant.
Fulmer- Seibert Company VS.. Josh Zim-
herman improvement lien. Finding for de-
PENDANT
- Voris D. George. VS.. Western Assurance
Company; policy. On trial by court
Ida A. Mann VS.. Orange 3. Reeves; chat
tel mortgage. Finding and Judgment against
defendant for $7166
Samuel Marks vs. ErniEa T. Proal. To
quiet title. Finding for plaintiff
Cen Center er Building and Loan Association VS.:
against defendant for $1,O5775 and costs.
Room 3-Vinson Carter, Judge
Christian Weiss vs. Joseph Muller ct al:
election. Dismissed: each party paying his
costs.
Indiana Society for Savings VS.. George C.
Hays ct al. foreclosure. Finding and judg-
ment against George c.. HAYS FOR 81 go is
and decree of fO1 eclosure.
The Mutual Home and Savings Associa-
ton VS.. James A. Smith ct AL; foreclosure.
Finding and judgment against defendants
Mary A. and James A. Smith for $131456
and costs and decree of foreclosure James
S. Cruise appointed receiver FOR the prop
erty.
Stanley Conley VS. Elizabeth Conley ct al:
divorce and injunction Refused.
Cora Johnson Granville M. Ballard;
Recession of contract. Evidence heard and
taken under advisement.
Circuit Court.
Henry Clay Allen, Judge.
John Carlow The White River Sand
Company; account and for receiver. Evil
dence concluded and taken under advise
ment
Criminal Court.
Joseph p Healing, Judge Pro Tern.
State of Indiana VS. John O. Moore. De-
PENDANT admitted to bail in sum of $4,000
State of Indiana George Grail; petit
larceny. Defendant released until further
order of court.
State of Indiana VS.. James Finn; grand
larceny. Imprisonment in work house for
sixty days.
New Suits Filed.
Clara Renner VS.. Hiram E. Rose ct al :;
proceedings supplemental to execution. Su-
perior Court, Room g.
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