The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-12


1S248. State ex rel. Moore VS., Burgett.
Hamilton c. c. Affirmed. Monks i'll.
An appeal from decision of board of
commissioners vacates such decision and
renders it of no effect but If such appeal is
dismissed for any cause tte decision of the
board again becomes effective, the same as
If no appeal had been taken. q An order
by the Circuit Court in Il cause appealed
from the board of commissioners Is hind
ing on the board. and in case the order is
not entered by said board after a certified
copy of the judgment has been filed before
them they can be compelled to do SO by
mandamus. g. In such an action against
the auditor and treasurer of the county
where it is sought to compel them to collect
certain taxes. the order for the payment of
such taxes having been made by the Circuit
Court to the board of commissioners, il
mist be averred that said board entered
such order in obedience to the mandate of
1856. Boyd VS.. Brazil Block Coal Com
ppany; Clay G. G Transferred to Appellate
Court Howard, G. il Where the orig
inal parties to an action have failed to raise
question it cannot be raised by an anxious
curial as, such party is heard only by
in the matters presented by the parties to
the action; he has control of a case,
whether on trial or on appeal. and has no
right to institute any proceedings therein,
or to cause the question to be brought from
one court to another. 2. Where the ques-
ton involved is the amount of damages,
ton Of the cause is in the Appellate Court.
appellate Court.
2411. Rush VS. State ex rel. Bixler. Whit
ley G. G. Affirmed. Wiley, il. The only
released from his liability is to make his
application under the statute for release;
the mere fact that the guardian 1led
new bond" because the federal government
required such before it would pay over GER
tain pension r.oney of the wards will not
release the sureties from their liability on
the old bond.
24O2 Board of Commissioners VS.. Frazer.
Benton c c. Petition. for rehearing over
ment of errors by several parties Is Joint,
all the parties must join in the motion for
a new trial or in motion in arrest of tudg-
2049. Lanter VS.. Duckworth. Marion s..
G. Petition for rehearing oyerruled.
2Zi6; Burk VS.. The Keystone Manufacture
for rehearing overruled.
2545. Town. of Geneva VS.. Drew. Adams
Z. {. Transferred to Supreme Court
Superior Court.
Room III. L. McMaster Judge.
Willoughby Walling, guardian. VS.. Sarah
j. Rhodes ct al. Defendant Mertie NJ Har-
rison dismisses her cross-complaint Find
ing and Judgment for plaintiff against de-
PENDANT, Sarah j. Rhodes. for 1854 so and
costs. Finding and judgment for Miles, re-
ceiver, against George Coble, jr., and Mertie
M Harrison on his cross-complaInt for
Room FL. M. Harvey, Judge. a
Consolidated Coal and Lime Company vs.
Elizabeth L. PIERCE ct al; mechanics lien
Judgment against defendant Samuel M
Heine for $206.20 and against defendants
Joshua G. Stoodeford for STA %. Foreclosure
and sale ordered.
Harry Darling VS.. Albert A Barnes: dam
ages. Demand. $4,000. On trial by jury.
Room 3-vinson Carter, Judge.
John p. Quill VS.. the Brown-K etcham
iron Works; damages. On trial by jury
Circuit Court.
Henry Clay Allen. Judge.
Bernard Korbly admitted to the bar on
motion of Attorney A. @. Smith.
Albert III. Johnson VS.. Jerre Johnson ct
al; partition. Submitted to court. Evil
dence heard and partition ordered
Ellen Brant VS.. Frederick Brant; divorce
ing for plaintiff Decree of divorce. Judg-
ment against defendant for costs.
Taylor Garnett VS.. the City Construction
Company ct al; foreclosure, etc. Sub
mitted to court. Evidence heard and taken
under advisement.
Cora Martin ct al. VS.. John w. Claypooi,
trustee, ct al. complaint for satisfaction Of
mortgage, etc. Submitted to court. Evil
dence heard. Prayer granted to defendant
Trustee ordered to satisfy mortgage Of
record
VIM B. Karstetter VS.. Gray W. carter's
Estate. Stricken from docket. Allowed on
appearance docket.
John C. Parr VS.. the L. E. & W. Railway
Company; damages Dismissed for want OF
prosecution. Judgment against plaintiff for
costs.
Goth & Co VS. John h Martins Estate.
Allowed by administrator for $50, and costs
against estate.
Mary A. Volz VS.. Frederick NJ Snyder's
Estate. Dismissed by claimant Judgment
against claimant for costs.
Spahr 4 Kingsbury VS.. Mary Mccorkle,.s
Estate, Submitted to court. Evidence heard.
Finding for claimant. Judgment against
estate for 1897 and costs.
Criminal Court.
John Il. McCray, Judge.
The State of Indiana VS. Edward DuvalI:
petit larceny and obtaining money under
false pretenses. Defendant filed motion for
a continuance. Motion sustained and cause
sustained.
New Suits Filed.
Virginia Quinn VS.. Robert Quinn: divorce
Superior Court, Room 2.
LIZZIE 9. Goodman VS.. John Goodman;
suit for divorce Superior Court, Room 3.
State Bank Of Indiana vs. William Foor
ct al; suit on note. Superior Court, Room l.
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