The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-18
THE COURT RECORD.
Supreme Court.

1885. Bookout VS.. lookout. Henry G. G.
Affirmed. Jordan, il. A secret voluntary
conveyance by man of his land on the eve
his wife, and cannot defeat her right to her
interest in his land at his death. 2. Per-
sons about to marry occupy position of
confidential relations to each other requir-
ing the greatest good faith.
1S447. Kinsley VS.. Kinsley. Shelby c. c.
Reversed. Howard, G. ii. demurrer to
a complaint for want of facts will raise the
question of the right of the plaintiff to
mtaintain the action. 2. A guardian in right
full possession of the wards real estate may
sue in his own name for the protection of
his wards estate. 3. 1t is the right and
duty of a guardian to protect both the real
and personal property of his wards estate.
Appellate Court.
1858. Fredericks VS. Sault. Marion s. C.
Affirmed. Robinson, c.. il: Where the
evidence showed that the witness was a
pianist, had had experience in the use of
pianos, she may testify as to the value of
quested to select the instrument purchased
q An agreement between the parties to a
divorce suit upon an amount OF alimony is
binding on no one. 3. A decree for alimony
is an adjustment of the property rights be-
tw cen the parties and in determining the
question of alimony it is proper, for the
court to take into consideration the wife's
separate property to determine what would
be q fair allowance to the wife out of the
husbands property. The wifes property is
not affected by the decree, and what was
owned by her is still hers so far as the di-
vorce is concerned.
1888. Dill VS.. Mumford. Lawrence c. c.
Reversed. Black, jim an action upon an
account for goods sold and delivered, where
the buyer refused to accept the goods fur
nished, and were afterwards resold by the
seller. he can only recover the loss meas
ured by the difference between the contract
price and the market price, after notice has
been given to the buyer that the goods
would be resold, and the complaint must
show that such notice was given.
2l90. Capital City Dairy Company VS..
Plumnler. Marion S. c. Affirmed. Henley.
J.-Where the appellant desires the original
evidence as transcribed by the official re-
porter 10 be made a part of the bill Of ex-
ceptons without being recopied by the
clerk the longhand manuscript of the evil
deIlce must be filed in the clerks office be-
fore being incorporated in the bill. After
the longhand manuscript has been nled
with the clerk. ii may then be Incorporated
in proper bill of exceptions and after be-
ing so Incorporated ii is ready to be pre-
scented to the trial Judge for his signature
and approval; 1t then becomes a bill of ex-
ceDtions, and must be filed in the clerk S
office, and then 1t can properly become a
part of the record in the cause. 2. III pro-
ceedings for attachment, if there is no adj
judication of the issue presented, but a per-
sonal judgment alone taken. il is an aban-
donment of the attachment lien. and the
Judgment stands as though no attachment
had been commenced. 8. Sections 322 and
323 Burnss r. s. 1894. furnish a complete
remedy. where construed together. against