The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-17
THE COURT RECORD.
Supreme Court.

IS44l Building and Loan Association of
Dakota VS.. Coburn. Marion S. c. Affirmed.
hackney, G. IA mechanics lien upon i'm
ProVelnentS placed upon real estate is para
mount to the lien of a mortgage placed
ments.
1S3O9 Robinson & Co. VS. Hathaway
Whitley c. c. Affirmed. Monks, il.
Wnen errors assigned on appeal question
the conclusions of law they are waived on
failure to discuss them in argument 2
When the appellant insists that the findings
are not sustained by the evidence this court
can only consider such evidence as tends to
sustain the finding disregarding any evil
dence to the contrary g. A child may be
released from parental control and become
entitled to his earnings and liable for his
necessary support, in which event he is
emanc1pated. 4. Emancipation may be eff
fected from the circumstances when the
parent abandons or fails to support his
1884 Stewart VS.. Adam, etc., Co. Hunt
ington c. c.. Motion to dismiss appeal post
1926. Boyd VS. Schott. Wells C. C. Ap-
pellees petition for rehearing
Appellate Court.
PASS. Moody. VS.. The Standard Wheel
Company; Allen S. G. Affirmed. Robin
there is a contract between the parties it is
the Jury's province to determine and find
the facts and the courts to say whether
they form a contract.
1854. Pitman VS.. Marquardt. Jackson c.
c.. Reversed. Black, il. The settling of
a bill of exceptions is judicial act Where
the judge in his judicial capacity has de-
clared that the bill contains all the evidence
given in the cause, an objection that the
items of documentary evidence were copied
the evidence and the entire report denom-
mated by the reporter and the judge as a
longhand manuscript Of the reporter s
shorthand report, it is a mere technicality
that to allow would be contrary to suf-
ficiently manifest truth 2 Where the
statute provides that a deed of assignment
Ia set he
the deed has been executed by the assignor
and accepted by the assignee and duly re-
corded, etc.. and the assignee has taken
tie cannot be affected by mere delay of the
assignor In filing his schedule whether the
delay. is authorized by the court or not.
deed of assignment is all the requisites to
pass the title to the property assigned, pos
session under such deed is sufficient to pro-
tect the assignee against subsequent at
tachment suits. d. Where a deed of as
signment gave the assignee full power to
procure attorneys to assist in the settlement
of the trust, he may authorize some one in
his behalf to take possession of the prop
erty. 5. Where an assignment in foreign
State is made in accordance with the laws
of such State and is not contrary to the
laws of this State, it will be upheld as af-
fecting property located in this State.
Company. Marion S. c. Affirmed. Com
stock, jim an action for damages caused
by an injury to personal property the find
guilty of negligence which proximately
caused the injury complained of.
Papa Schlemmer VS.. Schendorf Mont
gomery c. c. Petition for rehearing over
ruled.
267S Paxton VS.. Tyler Knox c. c. Mo-
ton to vacate order of dismissal overruled
Pas. Hass VS.. City of Evansville. Van
derburg S. c. Appellant petitions for re-
hearing
276S. Douglass VS.. State of Indiana Nor
gan c. c. Appeal dismissed under Rule 19.
SuueriOr COurt.
Room John L. McMaster Judge.
Marie Schubert VS.. d. r. Mcknight; to
cancel mortgage. Judgment on verdict fol-
defendant against plaintiff for costs.
Marion H. Traylor ct al; foreclosure Find.
ing and judgment for plaintiff against de-
PENDANTS Traylor, Sumani and Cook for the
sum of S2.e6S.72 and costs.
Katie Harlan vs.. Lewis Harlan; divorce
Death of defendant suggested and cause dis
missed.
Mary f. Showalter VS.. William Cline. sr
ct al; foreclosure. Finding and Judgment
for plaintiff against defendants William
and costs.
Room S-Vnson Carter, Judge
William Bosom VS.. George X. Schofeld
Finding for defendant Swift on complaint
and cross-eomplaint and title quieted in de-
PENDANT Swift.
man ct al; mechanics lien. Dismissed and
costs paid.
Milton K. Alexander VS.. Lizzie NJ Alex.
ander. Divorce granted plaintiff Judg.
ment against plaintiff for costs.
Wendall NJ. Weston ct al. VS.. Lewis V
Boyle ct al; note. On trial by court.
Circuit Court.
Henry Clay Allen, Judge
Howard Kimball VS.. John A, Smith e