The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-10
THE COURT RECORD.



1888. Kennedy vs. Kennedy. Rush c. C..
Affirmed Jordan il. An adult woman
before her marriage may bar her legal
rights in her husbands estate by her agree
ment TO accept any other provisions in lieu
thereof, and such an agreement will be up
held and enforced by the courts in the alb
sence of fraud or imposition on her, where
under the particular circumstances it is not
unconscionaple. 2. In constituting a mar
riage contract the court will so endeavor
to interpret it as, to carry out the true in
tent of the contracting parties without re-
gard to the. strict technical meaning of
be presumed to have known the law and
that they contracted with full knowledge
1895. Zumpfe vs. Kelly Wayne c. c.
Reversed Howard, jim an action to
foreclose q chattel mortgage where a cross
less the property described in the cross
complaint is the same as in the complaint
proper it is subject to demurrer.
Appellate Court.
1886. Taylor VS. Moore Rush c. c. AZ
firmed: Black J.-Where money or prop
erty staked upon any wager is still in the
hands of the stakeholder, either party to
the wagering contract may disaffirrn it by
giving notice to that effect to the stake
holder and having demanded of the latter
the return of the money or property so held
by him, he may maintain an action against
the stakeholder for the same.
2o47 Redman VS.. Burgess. Montgomery
action for attachment and garnishment is
commenced the affidavits in attachment and
garnishnent, showing that certain Of the
defendants are nonresidents. are sufficient
to warrant the publication OF notice to the
nonresidents of the tendency of the action.
2olS Nichol VS.. Hays Madison S. G;
woman, her husband joining. conveys her
separate real estate by general warranty
reason OF which the debt is satisfied, she is
liable to the grantee on her warranty for
the failnreof title to the real estate.
Jennings C. c. Petition for rehearing over
ruled.
rick c. G. Certiorar granted.
Delaware e c. Tr si to % sapre supreme;
254s. World b., L. and l.. Co VS.. Mar
tin. Jay C. c. Transferred to Supreme
2549. La Platte VS.. State ex rel. Good
Court.
Superior Court.
Room John L. McMaster, Judge.
German-American Building Association VS..
Leonidas c. Lowden ct al Finding and
Judgment for plaintiff against defendant
Lowden for $l15.42 and costs.
Ind. VS.. Levi White; notes Finding and
Judgment for plaintiff against defendant for
$lOO.50 and costs.
Room S-vinson Carter. Judge.
Lyman w. Curtis VS.. L. 2. e. w. Railroad
Company; damages. Dismissed by PLAINTIFF
at his costs.
fIodser A. Sprague VS.. Ann WEBSTER ct al.
Dismissed and costs paid.
Sarah ]. Hamilton VS. Hiram j. Miller ct
al: contract. Jury instructed TO return ver-
dict for defendant.
Circuit Court.
Henry Clay Allen Judge
On motion of Attorney I'll. C. Jordan David
I. Stanley is admitted 10 the bar.
On motion of Attorney Ralph Hill Charles
A. Craft is admitted TO the bar.
s. II. Myers VS.. Michael Houlhan's Es-
tate: Submitted 10 court, Evidence heard.
Finding for claimant. Judgment against es-
tate for S15 and costs.
Margaret Miles VS. Beecham Mitchell;
breach OF promise. Submitted to court
Evidence heard.
Indiana Bond Company VS.. Maria Jameson
ct al; sewer lien. Submitted TO court Evil
dence heard.
Caroline Leo VS.. Ida Smith. Appealed
from justice OF peace. For services. Sub
mitted to court Evidence heard.
Criminal Court.
John F. McCray, Judge,
The State OF Indiana VS. Lottie Scott:
keeping house of iIl-fame. Appeal from
City Court Evidence partially heard. Cause
continued.
On motion of Ralph Hin Charles Alvin Nd
n ha