The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-15
Appellate Court.

pelldQL 1OT ISlSd4ilS.
Appellate Court.
22S7. Trueblood vs. Shellhouse. Marion
S. c. Affirmed. Comstock, il. A mate
rial mans lien on a dwelling house may be
assigned to parole 2. A single notice OF
an intention to hold material mans lien
may be made the basis for acquiring a lien
for several different claims held by one as
sgnee. 3. A material mans lien attaches
to whatever interest the party who con-
tracts for the materials had in the real es-
tate at the time of their delivery or what
title he might subsequently acquire: A.
The assignee of a lienor may add claim
barred by the statute of limitation to one
of later date so as to defeat the limitation
to the expired claim. s. If the assignment
cannot be proven to have been made in
writing 6. After the year, in which a
foreclosure of a mechanics lien must be
brought, has expired complaint filed
therefor before the expiration of the year
may be amended at the discretion of the
trial court.
ilton c. c. Reversed. Wiley, il. Where
a person contracted with an improvement
company to take a parcel Of real estate TEN in
of a factory of a certain capacity and force
which factory was to become the owner OF
certain real estate and lay the same out in
town lots within ten days from the exc
cution of the contract, the Improvement
company binding itself to procure sale
for a certain number Of the lots upon stip-
ulated terms, held: That such person was
liable for the price of the lot contracted for
when the owner had rendered him the deed
and demanded the purchase price, in such
a case where there were two contracts, viz,
one between the Improvement company and
the purchaser, one between the factory and
the Improvement company, they should be
construed together. And the fact that the
purchaser of the lot locates his lot by
drawing a card without the knowledge of
the factory corporation will not faint the
transaction of a lottery scheme. q 1t is
the duty of courts to administer and de-
clare. the law so as to protect the rights
Of al RI vr6 ann1V
1851. Baecher VS. State ex rel. Chandler.
Martin c. c. Affirmed, Robinson, c. J.
l. The bond furnished by q retail LIQUOR
dealer has the same effect where the IL
cense was issued to sell vinous and malt
liquors as where the license was issued
to sell spirituous, vinous and malt liquors.
2. Where a sale Of liquor has been made
of either vinous or malt liquors to person
at the time in state of intoxication the
is conditioned for the payment of all judg-
ments growing out of unlawful sales, and
a person who sells liquor in violation of
the provisions of the statute is liable on his
bond 2. The refusal of the court to give
instructions asked is proper cause for
motion for a new trial, and must be ad-
dressed to the trial court, but it cannot be
assigned as an Independent error in this
court.
Superior Court.
Room John L. McAIaster. Judge
Samuel Rlttenhouse VS.. r. H. & I. Rail-
way Company; damages. Jury out.
Room 2-Lawson NJ Harvey Judge.
John B. Stumph VS.. Lydia A. Hardee ct
al; foreclosure. Finding for plaintiff and
Judgment against defendant. George A.
Beockling for S1.S43.49.
John Mcdonald VS.. c. Ludwig; fore
closure: mechanics lien- Dismissed for
Walter Chenault VS.. Omer Newman: note
and foreclosure. Dismissed by plaintiff.
Room 3-vinson Carter, Judge
Lewis Reidlinger by next friend, Charles
c. Reidlinger, vs.. p, G., c. & st. L. Rail
road Company; damages. Finding for de-
PENDANT. Judgment against plaintiff for
costs.
Levina Smith VS.. Robert Smith ct al; to
declare mortgage. Finding and Judgment
for cross complaint Robert Smith for
$41e5.43 and costs. also finding due plaintiff
from Robert Smith $110.3S. Decree of fore
closure.
Indianapalois Fancy Grocery Company VS.
Finding and judgment for plaintiff for $501. OF
and costs
Criminal Court.
John F. McCray, Judge
The State Of Indiana VS.. Myer Steinberg:
wife deSertion. Appeal from Nickerson, J.
p Transcript ordered returned TO lower
court for correction. Motion to dismiss over
The State of Indiana VS.. Frank Kirk;
grand larceny Tried by court Finding of
guilty of petit larceny. Defendant twenty
four years old. Taken under Amusement
The State of Indiana VS.. Michael Myers;
assault and battery Appeal from Clark, J.
p. Nollied by the State.
Cfrcait Court.
Henry Clay Allen, Judge
James Hedges VS. John Mugge. Dismissed
and judgment against plaintiff for costs.
George +. Hogue VS.. George Kessler. Sub