The Indianapolis journal., 1898-12-01

ton by the parent 10 pay redSona bic
compensation to the child may be inferred
from circumstances which tend to rebut
the presumption which arises from such re-
latlons. 3. AN instruction which is harmless
may, in the course Of his instructions, read
the different pleadings TO the jury.
2634. Exchange Bank VS.. Berry. Madison
8. c. Reversed. Comstock. il Assign
ments of error not discussed by counsel are
waived e One who takes the assignment of
notes governed by the law merchant as
collateral security is a holder for value. ).
IL there is nothing about promissory note
the circumstances attending its present
ment for discount calculated 10 excite sus-
picion IN the mind of a reasonably cautious
person the purchaser is not bound to inn
agine Of its genuineness.
frmed. Wiley, il. An error must be chal-
lenged by the proper assignment of error.
2 When the special findings ana conciu-
judge, nor brought into the record by blll
of exceptions the special finding is regarded
as a general finding. 3. In order to present
any question upon the evidence 1t must be
in the record l. The failure to discuss an
assigned error is a waiver of it. >. When
person, by her agent puts proInlssoIy
note IL circulation she is bound by II When
in the hands OF an innocent purchaser =
2637. Hench VS.. Eacock. Tippecanoe I. Z;
Reversed. Robinson J.-When PERSONA
property is sold on condition that the title
10 the property shall remain in the seller
until full payment is received he is entitled
to recover the same, although it has passed
to satisfy pre-existing Indebtedness.
25lS. Nordyke VS.. McCreery. Marion =.
c. Affirmed. Henley, i'll. questions de-
pending upon the evidence cannot be con-
sidered when the evidence is not in the
record. g. The bill of exceptions atter pc
ing signed by the trial judge must be hled
in the Office of the clerk of the trial court.
eco. Aultman Company VS.. Richardson.
Madison S. c. Reversed. Comstock, il.
To sustain a verdict for damages on account
Of a breach Of warranty in a piece of ma
chinery the special verdict must show such
damages. q Where property Is retained py
the purchaser upon the representation Oh tne
agent Of he seller that the defects IN the
property will be remedied the purchaser
does not lose his rights under the warranty
of the seller.
way Company. Delaware c. G. Affirmed.
Black, G. il. In the absence of fraud, mis-
representation or mistake u person VINO mas
signed shippers contract without aScer-
taining its contents is bound by it and IS
chargeable with knowledge of it's contents.
2 When an action is upon an lmpled con-
tract for an alleged breach of the defendane
common carriers common law duty and the
property was shipped under a special Writ
ten contract limiting the common law Ia
bility the plaintiff cannot recover.
2642. Ream VS.. Goslee. White Z. {. Al
firmed. Black, c. il. The possession of
tenant for years is deemed to be the pos
session of the grantee in a deed of convey
ance, and the existence of the term is no.
breach OF the covenant of warranty, the
rent being apportioned at the time OF the
conveyance. Z. a. conveyance ny d
lord is valid without attornment of the
tenant, under the statute. 3. When puf-
chaser of real estate has knowledge of
tenancy on the land he is chargeaDle with
sH goo. School % Township VS.. School City.
Shelby c. G. Affirmed. Robinson, J.-This
case Is affirmed upon the authority OF school
Township VS.. the State, $50 Ind, 1853.
267O. Mining Company vs.. Delashmutt.
Sullivan G. G. Affirmed. Henley, J.-When
a person procures property from a receiver
Of court the
fixed by prior judgment against the prop
erty cannot by the purchaser or his grantee
be questioned
2769 Frick Company VS.. Barrett. Morgan
c. c. Affirmed Wiley, il. In pleading
the execution of a contract it is not neces-
sary to show in express terms that 1t was
delivered when delivery IS shown by othec
facts 2. This court Will not reverse the
Judgment of the trial court on the evidence
when there is sufficient evidence to support
the judgment.
1850. Miller VS.. Fuller. Ripley G. c.. At
firmed. Comstock, il. a persons sigma
ture to a contract is sufficient to create la
bility thereon without any reference to the
name in the body of the instrument. 2. a.
complaint charging that plaintiff and de-
PENDANTS" entered into a contract SHOWS a
connection of all the defendants with the
action g. The word testimony is not
synonymous with the word evidence: 4. A
defective allegation in a complaint is imIna-
terial after a special verdict is returned.
Superior Court.
Room John l.. McMaster Judge.
Nellie B. Lewis VS.. Jno. p. Lewis; di-
vorce. Plaintiff dismisses. Judgment against
plaintiff for costs.
John w. Chapman VS.. Edwin j. ARM
strong ct al. On trial by court.
Room 2-James NJ. Leathers, Judge.
Water VS.. Witty; mechanics lien. On trial
Akins vs. Wibber. Cause dismissed. Judg-
ment VS.. plaintiff for costs.
Room 3-Vinson Carter, Judge.
w ~ q .
note and account. Finding and judgment VS..
defendants G. Nj. Helton and Anna Glide
weld for $266.39 and costs.
Charles II. Milton VS.. indianapolis Water
Company ct al: mechanics lien. Finding
for defendant. Judgment VS.. plaintiff for
costs.
Ward Bros Drug Company VS.. Margaret
Herbster; note. Finding and judgment VS..
defendant for $l0969 and costs
Huda M. Newman VS.. Zacheus Test ct
al: to quiet title. Finding for plaintiff and
title quieted plaintiff. Judgment VS.. plain
tiff for costs.
al; mechanics lien. Finding for defend
ant Judgment VS. plaintiff for costs.
Circuit Court.
Henry Clay Allen, Judge.
Harry T. Keller VS.. Adea Keller; d.
vorce. Submitted to court. Evidence heard.
Stella Wall VS. Ross Moehrman. APP
pealed from justice of peace. Appeal dis
missed for want of prosecution. Judgment
VS.. plaintiff for costs;
tate. Submitted to court. Evidence heard.
Finding for claimant. Judgment VS.. estate
for 81 and costs.
Anna Orme administrative, VS.. II. S.
Rollins's estate. Submitted to court. Evi-
dence heard.
John Y. Kennedy VS.. Lambert D. Tyler.
Appealed from justice of peace. Account.
Submitted to court. Evidence heard. Find
ing for defendant on complaint. Judgment
for plaintiff for Sl.75 and costs.
Criminal Court.
Fremont Afford, Judge.
The State of Indiana VS. Gertrude Minor;
using obscene language Appeal from Hay,
Justice of peace. Dismissed on account OF
former jeopardy.
The State of Indiana VS.. John Barton;
assault and battery with intent to kill
Intent dismissed by the State. Plea OF not
guilty Tried by court. Finding OF guilty or
assault and battery. Fined 50 and sem
New Suits Filed.
Indiana Bond Company VS.. Clarinda Z.
Ward ct al; Improvement lien. Superior
Tiilie Myers, Administrative. VS.. William
c. Schofeld ct al; damages. Superior
John II. Hatton vs.. Richard Leggo ct
Hiannah Weich VS.. Samuel WEIGH; suit
for divorce. Circuit Court.
Isaac w. Lampher vs.. Frank Auken-
brock suit on Judgment Superior Court
Mary Clark VS.. Citizens Street-railroad
Company: suit for damages. Circuit Court
Anna Crane VS.. Citizens Street-railroad
Company; damages. Circuit Court.
h,nlerson Williams vs.. Peter G. Weyen-
bere ct al; mechanics 3 lien. Superior Court,
Room ).
of Rahin6.