The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-11
maiden name, Martha X Baker, be re-
stored when the divorce is granted.
THE COURT RECORD.


supreme court.
1891: National Home Building and Loan
Association VS.. Huntsinger. Madison G. e.
Dismissed. Monks, i'll. The assignment of
errors is appellants complaint in this court
and the only persons over whom this court
has jurisdiction are those named in the as
signment OF errors. 2. Where all the persons
who were parties to the Judgment appealed
from are not within the jurisdiction of this
court the case cannot be tried on appeal
upon its merits.
1912 Sheets VS.. Crum. Clinton C. c. At
hrmed. Jordan, J.-This court cannot weigh
the evidence, as the trial court is in a better
position to tell where the preponderance
lies and must be presumed to have observed
all signs and indications which could be con-
sidered as giving an impress of truth or
falsehood to the statements of the wit
nesses-
1926 Boyd VS. Scholt Wells c. c. Re-
versed. Hackney, il. Some memorandum
must exist as written evidence of the action
OF the court in rendering judgment. 2. A
new trial, matter of right, can only be
had after the rendition of judgment.
1928 Rogers vs. B. & o. S. w. Railway
Company Clark c. c. Petition for rehear-
ing Overruled.
1859. Atkinson VS. Williams Benton c. C.
Motion to dismiss postponed until final hear
ing
1888 National Home Association VS.. Wig
gins. Madison S. c. Dismissed
r lS6ls Winstandley vs. Stone Mill !, Com N.
postponed until final hearing.
Appellate Court.
2433. Smith vs. Gcetz. St. Joseph c. c. Pc
t1tion for rehearing oVerruled, per curiaIn-
l. where conclusion on the record is
reached upon the original hearing, in petit
ton for rehearing, 1t should show the err
ror as the original opinion. 2. III the record
does not correctly set forth the proceed
insS or the trial court 1t must be corrected
by the trial court nor will a rehearing be
granted to make such correction:
246s Hyatt VS. City of Washington; pa
viess G. G. Affirmed. Robinson, c. il. At
torneys fees for defending an injunction
suit at the trial on the merits of the case
may be recovered in an action on the bond,
although the injunction was not the sole
object of the action. 2. 1t is not necessary
that the names of the Sureties on restrain
ing order bond appear in the body of the
bond when it is approved by the court when
the restraining order is issued. 3. Where a
city is the real party in interest any
tights 1 on spch eond acoruing to IT'S oInceTs
them as officers of the municipality:
2427. Harness VS.. Horne. Howard G. G..
Reversed. Black, J.-Where representations
were made that a business was worth a
certain sum, such representation was a
mere statement of an opinion and not the
and in the absence of fraud a note given
for such business together with the ma
chinery and appliances may be collected.
2444. Estate of John Thomas VS.. Snyder.
Upton c. c. Affirmed. Comstock, il.
Where claim of several items is sued on
against an estate, if 1t is desired that an
rendered such person should make such
motion in court before the finding. 2. Where
there is some evidence to support the judg-
ment it will not be reversed on account of
the preponderance of the evidence.
2257. B. & o. S. w. Railway Company VS.
Amos. Jennings G. c. Appellants petition
2495. Wood VS. Kuper. Dubois c. C. Trans
ferred to Supreme Court.
1879. Smell VS.. Maddux. Delaware c. @.
Appellants petition for rehearing.
Superior Court.
Room ii. L. McMaster Judge.
Arthur P. Schofield vs. the City of In
dianapolis; damages. On trial by jury.
Room 2-Lawson NJ. Harvey, Judge.
Salvador Otre VS.. Jacob Ladasky; ac-
count. Judgment against defendant for
Cassius Miller vs. P, c., C. & st. L. Rail-
way; damages. Dismissed at plaintiff q
David B. Wilson VS.. Walter e. Newly OF
al; chattel mortgage. Dismissed and costs
paid.
Artemus N Hadley vs. A ]. Green ct al
foreclosure. Judgment against defendants
David Metzger VS.. William Marlborough;
account. Finding for defendant. Costs
against plaintiff.
Room 3-Vinson Carter, Judge.
William #. Wilson VS.. Citizens Street
railroad Company; damages. On trial by
jury.
Circuit Court.
Henry Clay Allen. Judge
Tx parte Bank of Commerce for change
of name. Dismissed by petitioner. Costs
paid.
Wilborn Wilson VS.. Mary J.. Wilson. De-
fault. Submitted to Court. Evidence heard
finding for plaintiff. Decree of divorce
granted. Custody OF child awarded to
plaintiff. Judgment against plaintiff for
costs.
William r. Griffith, administrator. VS..
George w. Stout on note. Submitted to
court. Evidence heard and finding for
plaintiff. Judgment for $500 and costs with
out relief on payment of Judgment. Mort
gage to be released.
Criminal Court.
John +. McCray, Judge,
The State Of Indiana VS.. Elmar Robinson
petit larceny. Plea of guilty. Defendant
eighteen years of age. Fined $2l75, SEN
terced to the Indiana Reformatory for not
The State of Indiana VS.. Charles A. Law
renee: ncorrigibiity. Affidavit filed by Ed
gar Lawrence
The State Of Indiana VS.. George Hall;
petit larceny Defendant released from
the county Jail.
New Suits.
Thomas c. Day VS. Irwin w. Tree ct al. !;
mortgage. Superior Court, Room 3.
VIM. II. Dell VS.. Caroline A, Adams; suit
to quiet title. Superior Court, Room g.
Leander w. Reed VS.. Bette Reed; divorce
Superior Court, Room 3.
al; mechanics lien. Superior Court,
Room 8.
Martha K. Wilcox VS.. Lewis F. Wilcox;
divorce. Superior Court, Room l.