The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-23
THE COURT RECORD.
Supreme Court.

supreme court.
1858 Sievers VS. Box and Lumber Com
pany. Allen c. c. Petition for rehearing
overruled Monks. il Errors in instruc-
tons. are harmless when upon the facts
fouEd by the jury the party complaining of
the instructions was not entitled to recover
z, When two or more rulings of the court
are assigned jointly as cause for new
trial. to render the same available as a
cause for new trial both of such rulings
must be erroneous
1915. Brunson VS.. Henry. Marion S. c.
Reversed. Monks, c. il. Decisions of the
court on q former appeal of all questions
presented BY the record become the law of
the case through all subsequent stages. 2
Where mortgage is for purchase money
the Wife of the mortgageor has no interest
IN the real estate as against the mortgage
and need not join in the mortgage 3. When
a complaint to foreclose mortgage is by
the benehciaries of the mortgage, where
1t is shown that part of the benefciaries
We're dead, they having died intestate, leav-
ing no debts. and that no administrator had
been appointed on account of their said es-
estates of such children had been settled
4. Where a person only owned an undivided
lntelest IN certain real estate wnlch was
conveyed and the purchaser executed pur-
chase money mortgage therefor, in an action
to foreclose said mortgage it is error for the
court to decree foreclosure and sale of the
entire tract described in the mortgage when
the purchaser had acquired the title to the
other undivided portions thereof from other
sources.
1885. -Pritchett vs.. McGaughey. Knox
c. c.. Reversed. Howard, il; When an
dppcdl II prosecuted Dy one Oh TWO
ment defendants, the other at the time the
appeal is filed files in this court his de-
clination to join in the appeal and his
waiver of notice Of such appeal this court
has jurisdiction of the cause. 2. Where
defendants answer is held good he cannot
on appeal urge that the court erred in not
carrying the demurrer back to the para
graph. of complaint to which the answer
was addressed. 3. A demurrer to a reply
facts sufficient to constitute cause of reply
herein" is not compliance with Section
shows that decree of foreclosure was rem
dered upon the lands of a married woman
for debts of her husband for which the mort
gage was given the judgment Will be re-
versed.
Appellate Court.
1921. Sloan VS.. Sloan. Marion c. G. Re-
fled against '' an estate and the same is not
allowed and when before the trial of the
cause the claimant dies and his rights are
tate. the wife of the administrator of the
first decedent is a competent witness TO
testify as to admissions made to her by the
second decedent or the husband of the adj
ministratrix.
1895. o'Hara VS.. State of Indiana. Lake
G. G. Affirmed Comstock, il. A board
of town trustees have the right to maintain
order and to remove any one interfering
with the transaction OF their business meet
son who is not offending. 2. A person who
directs another to commit misdemeanor is
a principal.
1855. Jenkins VS.. Craig. Hamilton c. G;
Reversed. Black, c. il. Property sold
parcels, is subject to resale for the dis
charge of the lien in the inverse order of it's
alienation. And the grantee OF the parc cel
first sold, in seeking to assert the equitable
right against the purchasers OF parcels SUD
sequently conveyed by the same grantor
need not in pleading state the character OF
the conveyance to the first grantee, but may
simply aege that his parcel was soa ans
ferent parcels at different times by. war
ranty deed, that which he retains is. prl-
mariy liable as against all but the mort
is not required to contribute.
Superior Court.
Room ii L. McMaster, Judge.
Laura Moriarity VS.. William J. Moriarity;
support. Dismissed and costs paid
Elizabeth Wick VS.. Guss Witt. Dismissed
Frank A. Maus VS. Eugene Bretney; note.
Dismissed and costs paid.
ct al; mechanics lien. Defendant Shell
house Company dsmisses its cross-complaint
David Nj. Neman VS.. Citizens Street
railroad Company; damages. Jury find for
plaintiff and assess his damages mage at Sio'
pealed from Clark justice OF the peace. On
trial by jury
Room flames NJ. feathers, Judge.
The Red Clay Orchard Company VS.. James
III. Smith. On trial by jury.
Room 3-Vinson Carter, Judge.
Lewis Kaminsk VS.. indianapolis Chain
and Stamping Company; account. On trial
by jury.
Circuit Court.
Henry Clay Allen, Judge.
William Rothert VS.. Daniel II. Mahoney,
administrator; foreclosure. Dismissed and
costs paid.
William H. Smith VS.. r. r. Shiel & Co.; on
account. Submitted to court Evidence
heard in part.
New Suits Filled.
Jacob Greenman VS.. Dennis Beach ct al;
replevin. Superior Court. Room 2.
National Wall Paper Company VS.. John
w. Johnson ct al; suit on note. Superior
Court, Room 2.
Edward ]. Mahoney VS.. Charles F. Kis-
I sell ct al; suit on note. Circuit Court.
Henry Jameson VS.. Harry G.. Sells; suit
on note Superior Court. Room L.
Phebe NJ. Hart, administrators. VS.: Cleve-
land, Cincinnati, Chicago & st. Louis Rail
way Company; damages. Superior Court,
Room 3.
railroad Company; damages Superior
Court, Room 8.