The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-03
are in favor Of the ruling of the

symptoms are IN IaVor or the fullHg Oh the
1852. State ex rel Cutter VS.. Kamman.
Ohio G. G.. Reversed. Monks, i'll. 1t is
the duty of a road supervisor to keep the
highways in his district in good repair and
he is authorized to call out the hands OF
the district to complete the repairing If the
labor ana tax are insufficient therefor. The
plan and manner of making the repairs and
material used in making the same may rest
IN his discretion, but his duty TO put the
roads in good repair is a public duty which
IS imperative. 2 writ of mandamus will
lie against road supervisor to repair
public highway in his district and against
the township trustee in whose township the
road district is situate to compel him to
sue the supervisor for the statutory penalty
Ior raining TO keep the highway IN repair.
Appellate Court.
2526 Conwell VS.. Jeger Howard G. G.
A:ILrmed Robinson, il. A fact may be
inferred by proof of circumstances warrant
ing it.. 2. When the right to take possess
SION OF mortgaged property is given by a
preach OF condition in the mortgage it is
not necessary that the mortgage be insol-
vent to entitle the mortgage to such pos
a tenant becomes the owner of the land dur
ing the term of the lease will not destroy the
husbands tenancy.
ESQ. Terre Haute Railway Company vs.
Yant. Vigo s. G. Reversed. Ccmstock j.
Il In an action against an electric railway
company for damages caused by frightening
plaintiffs horse, averments that the car was
being run at a high rate Of speed and max
ing great noise, and that it was run care
lessly ana neghgently, are not averments of
facts showing negligence on the part of the
defendant 2. 1t is not necessary for a mo-
torman operating an electric car in lawful
manner to at once stop or slacken the speed
of the car at the sight of a frightened horse
on public highway. adjacent to the. track,
when the horse is held by his owner in such
a manner that it might be fairly supposed
that the horse would be controlled.
1o1si DdpugTRefrty vs.. BT6wn. Weiis = q
was rendered on Dec. 81, 1886, and the
transcript Of the record, with the appellants
clerk of the Appellate Court on the 29th day
OF December, 1897, and notice of appeal was,
on the 3Oth Of December, 1897, served on the
attorneys, of appelIees, but no notice upon
the appellees personally, who were nonres-
tdents, and subsequent notice of the APP
peal was. served on the clerk of the trial
court and the attorneys of the appelleeS,
dated July s, 1898, held: that the notice was
Intellectual and that the appellees were not
1852. Daugherty VS.. Steel Company. Del
aware c. c. Certiorari granted and issued.
Superior Court.
Room 3-vinson Carter, Judge.
John 3. Newman vs. Anderson w Helm
ley. ct al; receiver. Dismissed by plaintiff.
Judgment against plaintiff for costs.
Home Brewing Company VS. Anderson
Albersmeier; account. Finding and judg-
ment against defendant for $344.50.
Kate Shehen VS.. Michael Finn; damages.
Dismissed by plaintiff. Judgment against
plaintiff for costs.
Criminal Court.
John Il. McCray, Judge.
State of Indiana VS.. Cecil Robinson; in
State of Indiana VS.. Lottie Scott; keeping
house of i'll fame: appeal from city court.
Finding of not guilty.
State of Indiana VS. Harvey McCaslin:
assault and battery. Finding of not guilty.
State of Indiana VS.. Nellie Thomas;
grand larceny Finding of not guilty.
State of Indiana VS.. William Lee; enter
ing. house to commit felony. Finding of not
guilty,
inE, liquor on Sunday Finding Of not
guilty.
sault and battery. Released from county
Jail.
State Of Indiana VS.. Wells Kratz; assault
and an, battery; appeal from justice court.
State of indiana VS.. John Kratz; assault
and battery; appeal from justice court.
Finding of not guilty.
State of Indiana VS. Edward Anderson;
entering house to commit felony. Finding
state of Indiana VS.. George Walters: pro-
family; appeal from justice court. Finding
State of indiana VS.. Emma Craig; petit
larceny Motion to modify judgment sus-
tanned. Defendant sentenced to county Jail.
State of Indiana VS.. Cornelius Collins;
assault and battery to rape Finding of not
State of Indiana VS. John VOTERS doing
business without license. Finding of not
State of Indiana. VS.. William Mallady; as
sault and battery to rape; new trial by
court. Finding of guilty of assault and bat
terry. Fined 81 and Imprisonment in county
jail four months.
New Suits Filed.
Thomas Green VS.. the Citizens Street
railroad Company; damages. Superior
Court, Room 3.
Bank of Buffalo VS.. John r. Moves Manu-
featuring Company ct al; suit on account.
Superior Court, Room 3.
Ella Atlxin VS.. Brown F, Atkin; suit for
divorce. Superior Court. Room l.
Mary M. Waller VS.. ]. f. Heninger ct al;
damages. Superior Court, Room 2.
John A. Hawkins VS.. Carroll Mendenhall
ct al; mechanics lien. Superior Court,
Room 3.
Leona A. Conlin VS.. John A. Conlin; suit
for divorce. Circuit Court.
Robert G.. Hobbs VS. Edward Emanuel;
damages. Circuit Court