The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-06
THE COURT RECORD.
Supreme Court.

1882 Given VS.. Masterson. Vigo S. c..
Affirmed. Howard, il. When a person
executes written instrument he is without
fault in relying upon the representations of
another in whom he had good right to re-
pose trust and confidence; a court will set
aside the instrument as procured through
fraud although he failed to read the in
strument before signing 1T. 2. One who, by
reason of known trust and confidence re-
posed in another, relies, has good cause
to rely, upon representations made by such
other party, and is thereby overreached and
wrong. in case no innocent third parties are
thereby injured. 3. In an action to set
aside an instrument of conveyance as fraud
on the ground that the person who executed
the same did not know the character of
instrument executed, believing it to be a
different one the evidence of a third party
who informed such person of its nature is
competent to corroborate the evidence of
the plaintiff that he thought the instrument
was m2rtgage instead OF deed.
Vanderburg s. c. Affirmed McCabe, j.
l. This court cannot reweigh the evidence
given in the trial court and correct any
supposed error in the trial courts estimate
of its weight so long as there was evidence
taken alone amply sufficient to warrant the
finding of the trial court. 2. 1t is proper
for the court to strike out evidence given
by plaintiff wherein he attempts to give his
9pinon that the c1ntraet IN question Is
an objection to a question on the ground
that it is irrelevant and incompetent" the
ruling cannot be assailed unless the evil
dence was admissible.
1852 Whitesen vs.. whiteselI Randolph
G. C. Appeal dismissed under Rule 90
Appellate Court.
1884. Board of Commissioners VS. Chap
man. Allen IS. c. Reversed Black j.
Under Section $685. Burns's r. s., 1894 (acts
1891, P. 349), the salary of township assessors
IL townships Sa with population of more
to be determined by the board of county
commissioners, and such right may be exer-
cised at least once a year. and the exercise
/
being exercised the second.
2615. Vigo Real-estate Company VS.. Reese.
Vigo G. G. Affirmed. Comstock il.
Where the assignment of errors is made
Jointly, unless ii Is sufficient as TO all who
join therein, It will be unavailing to either
of them. 2. Where there was not request
for special finding. but the court states
In an unsigned narrative the facts found,
an assignment of errors that 1.-The court
erred in its conclusions of law on the find
ings, is not well taken.
2035: Ahlendorf VS.. Barkous. Lake s. c.
Petition for rehearing Overrued-
2744 Brewing Company VS.. Jergens. Lake
S. G. Certiorari granted.
PISS. Coal Company. vs., Pertenheimer.
Gibson G. &. Transferred to Supreme
Court.
27s2. Ibach VS.. Light and Fuel Company.
Huntington G. c. Petition to amend assign
2S0l City of indianapolis VS.. Ritzinger.
Marion 8. c. Motion to dismiss appeal
2S5i. City of Bluffton VS.. McAfee. Adams
g; Motion for certlorari oynerrGled- =
1889. Sloan VS.. LOWder. Marion >. G..
Certioran granted and issued.
Superior Court.
Room II. L. McMaster, Judge
Lettie r. Martin administrators, VS.. F.,
c., c. & St, l.. Railway Company; damages.
On trial by jury
Room 2-Lawson M. Harvey, Judge.
Adrienne A. Johnson vs.. Alonzo A. Nc
Cray ct al; damages. On trial by jury.
Room 3-Vinson Carter. Judge.
Jones VS. Harding; breach Of contract. On
trial by jury.
Circuit Court.
Henry Clay Allen, Jadge.
Henry Lumber Company vs. Henry C.
Wiese ct all on note. Submitted to court.