The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-22
THE COURT RECORD.
Supreme Court.

1886 Equitable Loan Association VS.. Peed.
Madison {. G. Reversed. Howard, il:
Where foreign building association had
loaned money to members in this State prior
TO the act of May Is, 1893, payments con-
tracted by the borrower may be lawfully re-
celved by the association, although ii has
not complied with said act, but payments
cannot be enforced by law until the said
statute is complied with; and the borrower
Is not relieved from payment of the debt by
reason of said failure to comply with said
act as the association may subsequently
comply with said statute and then proceed
to enforce its claim against the borrower;
said act affects the remedy for collecting
the debt and not the debt itself. 2. If all
the stockholders of a building and loan as
ISOLATION share equally in the gains and
losses, each one partakes, pro rata, in the
benefits of all payments made by each to
premiums under such circumstances does not
constitute usury although in excess of legal
interest.
1888 Town of whiting VS.. Doob. Lake
Z. G.. Af1rmed. Hackney, IAN amended
complaint takes from the record the original
and when the error presented is based upon
the original complaint no question Is before
this court for decision.
1862 World Building and Loan Company
VS.. Marlin. Jay c. c. Affirmed. Monks, c.
il When a receiver is appointed to take
charge of real estate to collect the rents
therefrom, after a decree and sale on fore
closure where the mortgage bids the prop
erty in at the full amount of the judgment,
the mortgagor, or judgment debtor, at the
end OF the year of redemption after the
receiver files his report is entitled to the
proceeds of the real estate collected during
the year of redemption, although he was
not in actual possession of the real estate
during the year of redemption 2. Where
mortgaged real estate sells upon foreclosure
sale for a sufficient sum to pay the Judgment
and decree of foreclosure the purchaser is
not entitled to receiver to take charge of
the property, and If a receiver has been
appointed before such sale he should be
discharged, and any rents received by him
should be paid to the one entitled to the
at ANlTf R1er hn
year allowed for redemption. 8. A court by
making an erroneous ruling or order in
cause IS not thereby prevented from after
wards rendering correct order or judg
ment.
Appellate Court.
2S39. State of Indiana VS.. johnson. Sulli-
van Z; C. Appeal sustained. Henley, il.
Appeals must be taken in the manner di-
rected by the statute authorizing them. 2.
A prisoner against whom punishment is adj
judged by justice of the peace cannot APP
peal from the judgment without first en-
tering into the recognizance as is provided
IN Section 1712, Burns Revised Statutes,
2473. Hamilton VS.. State of Indiana Ran
dolph c. G. Affirmed. Wiley, il. When
an indictment charging the crime is in the
Identical language of the statute it is suffi-
Client to Withstand motion to quash. 2.
In constituting statute the court will seek
to discover and carry out the intention of
the Legislature in its enactment. 3. Where
an oil wagon was constructed on four wheels
and on either side of the wagon reaching
from the front to the rear axles were cross
bars between which the tank for carrying
oil rests such tank is a part of the load
and not a part of the wagon, and being a
part of the load it is competent to prove it's
weight in a trial under an Indictment charg
ing heavy hauling with such wagon. 4. A
DEFENDANT IN criminal case may testify as
are material part Of his defense.
1853. Micks VS.. Stevenson. Elkhart C. C.
Appellants petition for rehearing.
Superior Court.
Room III. l.. McMaster Judge.
Maggie Norton vs. the Citizens Street
railroad Company; damages. Jury find for
David Neiman VS.. the Citizens Street
railroad Company; damages. On trial by
jury.
Room Flames NJ. feathers, Judge.
Fred w. Day vs. Gertrude Day; divorce
Decree granted defendant on cross-com-
plant. Defendant given custody of child
The Red Clay Orchard Company VS.. James
II. Smith. On trial by jury.
Room 3-Vinson Carter, Judge.
Ida Mae Pearson VS.. c., c., C. & st. L.
r. F. Co.; damages. Jury return verdict for
ing and Judgment against defendant for
$462.9S and costs.
Jennie Stark VS. Charles walchter; dam
ages. Judgment on verdict for $3.50 and
David Kahn ct al VS. George l.. Ritten-
house ct al; note. Finding and judgment
John Wagner VS.. Citizens Street-railroad
Company; damages. Judgment on verdict
for $500 and costs.
John Tflford VS. Mamie Tilford. Divorce
granted plaintiff and judgment against
plaintiff for costs.
Lewis Karninsky VS.. Indianapolis Chain
and Stamping Company; account. On trial
Circuit Court.
Henry Clay Allen. Judge.
Laborers' Saving and Loan Association
No. 2 vs.. William c. Rehling ct al; on
note Dismissed and costs paid.
Indiana Bond Company VS.. Alfred M.
Ogle ct al; street lien Plaintiff declines to
plead further and elects to stand on his de-
murrer. Judgment that action abate and
that defendants recover their costs. Plant
if prays an appeal to Supreme Court.
Granted on condition that he file bond in
sum of $500 with. S. M. Richards as security.
Approved. Bond filed.
Francis M. Deboy VS.. Samuel Deboy; es-
tate. Jury return verdict for plaintiff for
800.
New Suits Filed.
Mary j. Hunt VS.. William Dye ct al; me-
chancs lien. Superior Court, Room 3.
Alva C. May, administrator, ct al VS..
Charles NJ Sonnefield ct al; mechanics lien.
Circuit Court.
George Wolf, receiver, VS.. Frederick
GRADER, ST.; complaint on assessment. Su-
nari0r Court R0n0n |