The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-11
THE couRT REcoRD.
Supreme Court.

1s407 O'Mara VS. Wabash Railroad Com
pany. Tippecanoe s. c. Dismissed. Hack
1897 (Acts 1887, Page 27D, purporting to
amend Section 640 Revised Statutes 1881,
concerning appeals to the Supreme Court is
Invalid because ii does not express the sub
ject thereof in it's title by reference to the
act or the title of the act TO be amended
1852. Evans VS.. State of Indiana. Kos
ciusko G. G. Affirmed. Monks, il. Where
the information charged that the defendant
did then and there feloniously steal. take
and carry away one set of single buggy har-
ness of the value of so, such property then
and there being the personal goods and
chattels of one Ambrose L. Horrich.' the
words such property were sufficient to
property of Ambrose L. Horrick. q Where
the name of the person whose property
was alleged to have been stolen was given
as "Horick' in the affidavit and as Horrick
in the information, the names are idem
sonane, and the variance in the spelling is
immaterial. g. The error committed in in
grand larcenyis harmless. when they return
one of petit larceny when such offense was
charged in the information.
1854. Hatfield VS.. Cummings, receiver.
Wabash c. c. Affirmed. McCabe il. In
suit brought by a receiver where THE COM
plant alleges that the plaintiff was duly
appointed and qualified as receiver of said
association and, among other things, was
then and by said court duly empowered,
ordered and directed to collect by suit. If
necessary, all the claims due said associa-
ton, 1t sufficiently charges that the plain
tiff was authorized to bring the suit. 2.
Where a receiver is appointed for a building
association on account of the expiration of
its charter and not on account of insolven-
cy. In suit brought by such person to fore
close mortgage, II is not necessary to al
lege In the complaint that the association
is in debt and needs such funds to pay it's
Indebtedness 3. Where the finding of facts
shows that the plaintiff was appointed re-
ceiVer and the court in making the appoint
ment. empowered, ordered and directed
said receiver to take charge of its books,
papers and property, and to collect all
otherwise it sufficiently shows his author
ity to bring the suit. 4. A collateral at
tack cannot be made upon the action of a
court of competent jurisdiction in appoint
ing receiver, although the court may have
erred in making the appointment and mis-
construed the law.
1856. Bedford Stone Company VS.. O'Brien
ruled.
Appellate Court.
2494. Hinkle VS.. Hinkle. Carroll c. c. Re-
versed Wiley, ITO entitle an alleged sure
~ to the relief granted by statute, the orig
mai action must be one based upon a con-
tract In which, at its inception. the relation
on existed, and the action must be one
against 10th the principal and surety.
AL; r, G., Z. st. L. Railway Company
vs.. Thompson Hamilton c. C. Affirmed.
Henley, e 1.-THE mere fact that railroad
company is running its trains over a certain
road by lease or otherwise viii not release
killing of stock upon the railroad when their
presence upon the track was due to defec-
exist.
Superior Court.
Room John L. McMaster, Judge.
:. Indiana Bond Company vs. John M.
SS t ct ct al; Improvement lien. Finding
FOR plaintiff for $129.75 and costs.
Room 2--Lawson NJ. Harvey, Judge.
Stephen Perrigo VS.. Sarah c. Perrigo; di-
NOTCe. DISMISSED at DlaiOtiff'S cost
OTTO Stechhan VS., Henry Lawrence: an
pear: dismissed at appellants cost
Indiana Farmers Saving and Loan Asso-
Judgment against defendant for Si.1i7 and
costs. Sale ordered.
Theodore e. Griffith ct AL vs. Barton w.
Soie q Judgment renewal against defendant
Tor $z,42399 and costs
Room 3-Vinson Carter, Judge.
Indiana Bond Company VS. Mary E. Steel
ct al; lien. Dismissed at plaintiffs cost.
Charles Ragsdale vs. Enoch Warman of
ali ia account mt, EVIDENCE heard Continued.
plevin. On trial by court.
Circuit Court.
Henry Clay Allen, Judge.
Franz Herman Beger naturalized.
augustine Boice VS.. Mechanics Mutual
savings and Loan Association submitted
10 court. Evidence heard.
Criminal Court.
John F. McCray, Judge.
The State of Indiana VS.. Moses Thompson;
uIaWlng deadly weapons. Appeal from City
Court. Defendant released on personal bond
in the sum of 800
The State of Indiana vs. Charles Bird !;
of not guilty Tried by court. Taken :. under nde
amusement. Defendant released until further
order OF court.
sault and battery Appeal from City Court
On trial by court