The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-08
THE COURT RECORD.


Supreme Court.
1925. Calvin VS.. Britton.-l party who
stands by and permits the complaint of his
adversary TO go unchallenged in the trial
court and attempts to assail it forsthe first
time in this court by an assignment of
ror, under Burns'S r. S. 1894. Section 346
VIII be required to strictly conform to the
provisions of the statute. 2 Ruling on mo-
lions when complained of on appeal must
be brought into the record by a bill of ex-
ercise of their probate Jurisdiction in re-
spect to the estates of decedents have the
right when the necessity demands 1t to
award either legal or equitable relief A.
The disability of a married woman to enter
into suretyship under the statute is for
hef protection and is not for the purpose of
defending deceitfu acts by her practice
upon innocent parties.
1877. Rumley Co. VS.. Moore Hamilton
e. e Affirmed in part and reversed in part
Monks il. When person holds a mort
gage on personal property and the owner
thereof makes an assignment the mort
SaBee cannot participate in the assets in
the hands of the assignee until after he has
attempted to enforce the payment of his
debt by sale or otherwise; and in case the
mortgage has received money from the as
signee the court has the power to require
sCch mortgage to pay into court the money
so received as a condition precedent to the
foreclosure of his mortgage, or to enter the
decree on a proper showing. with an order
that the money realized from the sale of the
property ordered to be sold should first be
applied to repay the money received from
the assignee before any part thereof should
of money from the assignee will not pre-
elude the mortgage from recovering per-
Sonal Judgment against the makers of the
notes secured by the mortgage.
lsl93 Demare VS.. johnson. Johnson c.. c.
Reversed. Howard. c. il A bond filed
with the auditor in appeals to the Circuit
Court from proceedings before the board
OF commissioners is no part of such proceed
ings, and in the absence of any showing to
the contrary and of any objection in the
court below this court will presume that
such bond was filed with the auditor and
statute. and that the trial court rightfuIly
assumed Jurisdiction of the appeal from the
county board. 2. Where remonstrances
against the action of the board of commits
sioners in the construction of a railroad
where it is charged that the notice to be
given by the auditor of the election TO be
held for voting the construction of the road
was not given, a demurrer thereto admits
the truth of the averment, and it is no
notice was given satisfactory to the board:
such defense should be addressed as an
answer to the remonstrance in the court
below
2250. Paper Company VS.. Atkinson. Wells
c. G. Affirmed Robinson. G. i'll. Errors
2. For decisions of questions depending upon
record
2466. Ray VS.. Moore. Tippecanoe C. C.
Dismissed. Comstock. il. The trial court
has a right on its own motion, at the term
at which a cause is submitted for trial. to
direct that an entry of a judgment erron-
eously made and not yet signed by the
Judge be, stricken out. 2 Appeals except
such as allowed by statute, cannot be prose-
cuted until final judgment.
2196. Fleming VS.. Reed. Randolph c. G.
i'm the transfer and purchase of real estate
to assume an Indebtedness he will be bound
by his contract
Superior Court.
Room 1--John L. McMaster Judge.
c. +. Wittmer Lumber Company VS.. Mary
A. Mech ct al; mechanics lien. Dismissed
by agreement of parties at cost of defend
ant.
John Medart VS.. The New Era Iron Works
Company ct al; mechanics lien. On trial.
Room 2-I.awson M. Harvey, Judge.
George A. Everett VS.. George w. Walters
ct al; foreclosure On trial by court.
Lewis Baum VS.. Ellen r. Souder fore
closure of chattel mortgage. Finding for
plaintiff and Judgment VS.. defendant for
Room s-vinson Carter. Judge
The Massachusetts Mutual Loan Insur-
ance Company VS.. David c. Bryan ct al:
1oreslosure Dismissed and costs paid.
Frank NJ. Miliikan VS.. H. L. Condo ct al;
note. On trial by jury
Ella Lewis Charles A. Lewis: divorce.
Einding for defendant Judgment VS. plain
tiff for costs.
Criminal Court.
The State of Indiana VS.. John Kistner;
selling liquor on Sunday. Nolied by state.
The State of Indiana VS.. William Mallady;
assault and battery to rape. Trial by court
resumed. evidence heard in part, and cause
Circuit Court.
Henry Clay Allen. Judge.
William j. Ripley VS.. catherine Garnett:
to revive Judgment. Dismissed and costs
paid.
Julius Eiehler naturalized
George Follett VS.. John Windwood's es-
tate Submitted to court. Evidence heard
IN part.
Hattie E. Follett vs. John Windwood's es-
tate Submitted to court. Evidence heard
in part.
Bake krause COMPANY VS.. James Maley's
at cost of claimant
Clara Aich VS. William Aich; divorce. sub
mitted TO court
Peter Mullen vs.. Matte Canady; appealed
from justice of the peace Submitted IN
court anu evidence heard.
Thomas n Bryan vs. Eliza J. Weizeman's
estate. Allowed by administrator for s. and
costs VS.. estate.
George 2. Wallace VS. John c. Perry ct
a. Dismissed for want of prosecution
Judgment VS. plaintiff for costs
New Suits Filed.
Thomas.J Hefferman VS. Thomas ]. Hef-
gsrman. administration, for partition of
John b. Stone VS.. Citizens Street-raiIroad
Company: damages Room 8.
William F. Schakel and Correen Schakel
W. Joseph b. Sellers: for rescsssion and
cancellation OF deed. Room 2
Eliza Huffman VS.. William NJ Huffman
divorce. Room 2
Indiana Bond Company vs.. Lulu NJ. Com
mons; Improvement lien. Room 3
Mary a. Little VS.. Jonathan Little: dl-
vorcc. Room 3.
Merchants National Bank vs. William l..
ALitand; on note. Room 3
Merchants National Bank VS. Frank b.
Davenport and William L. Alltand; on note
Room !.