The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-28
THE COURT RECORD.



supreme Court.
1916. Wooden Mills VS.. National Bank
Elkhart c. c. Affirmed. Howard, il. In
a petition for the appointment of a recev-
or 1t is FOR the court to whom the applica-
ton is made to determine the probable
facts as shown by the pleadings and afti-
davits in the case 2. In such an action
where the court has appointed a receiver
and in an appeal therefrom, it is not for
this court to inquire into the suffielency
action. 1t is enough if from the verified
pleadings and the affdavits there was suf-
nclent ground shown for the apportion-
ment of a receiver TO take charge of the
property of the wooden mills during the
tendency Of the action. 8. In such an action
and also TO set aside a fraudulent trust
deed, even though the trust deed be up
held and no fraud found allegations that
the property is becoming materially injured,
ana the insolvency OF the corporation ana
the want of business capacity and finan-
ctal responsibility on the part of those left
in charge of the affairs of the corporation
VIII justify the appointment of a receiver.
1924. Thistlewaite VS. the State of In
diana Hamilton G. G. Affirmed. Monks, j.
where a gas company, its assignees,
grantees and successors are enjoined from
taking, charging, demanding or collecting
more than so cents per month for the use
OF natural gas in a stove of certain size,
and thereafter the company entered into
new contract with the trustees of the
town TO charge a higher rate for the period
OF eleven months. after the expiration of
for contempt of court in charging more
than the so cents per month
= 1881 Mcintosh VS.. Earring. Jackson G. c.
Reversed McCabe, il. The right of ac-
ton to collect the debts and assets due
TO partnership where any of the part
ners are dead is vested in the surviving
partner or partners. g A complaint which
does not state a cause of action as to all
the plaintiffs, though it does as to some
OF sufficient facts to constitute cause
of action 3. A motion for a new trial, in
case it is not filed during the term, on ac-
count of the judgment being rendered on
the last day, must be filed on the first day
or the next term whether general, special
or adjourned.
1876 Baker VS.. Cravens. Grant G.. c. Mo-
ton to dismiss deferred until final hearing.
1888. b. & o. Southwestern Railway Com
pany VS. Board of Commissioners. Jackson
&. G. Order OVerruling motion to amend
assignment of errors set aside and motion
sustained and notice ordered given to adj
ministrator of Ambrose Pollock, deceased.
Appellate Court.
246S. Smith etc. Corp. VS.. Byers, trustee.
action of replevin where the defendants
filed an answer that they. the defendants,
do not detain the plaintiffs goods which
which was so treated and understood by
the court, 1t was not error where the case
was called for trial to allow the defendants
to file an amended answer of general de-
NAL. 2, An amendment of the pleadings
upon the trial necessities a reswearing of
a
by the amendment.
237S. Superior Oil Company VS.. Whiteman
Delaware G. {. Affirmed. Robinson, c. j.
Where the assignment of error is as fol-
lows: THAT the court erred in overruling
the demurrer to the first, second, third and
fourth paragraphs of answer" and the APP
peIlant claims only one paragraph bad, the
Judgment will be affirmed.
2376. American Telegraph Company VS.,
Bower; Knox c. G. Reversed Henley, j.
II at the time a servant performs an act
the result of which another servant is in
lured, the offending party is in the per-
formance of duty the master owes to
his servant. the offending party is not a
Iellow-serVant but vice principal. But
If the offending party performing the act
which caused the injury was engaged in
the performance of a duty which he owed
TO the master, then he is a felow-6ervant
with all others engaged in the common bus
mess.
2lO6. East Chicago Company VS. Ankeny
Porter G. G. Petition for rehearing over
ruled. Comstock, il. When upon re-
examination it is found that the conclusion
reached in the original opinion were cor
rect a petition for rehearing will be over
ruled. 2. One who seeks damages on ac-
count of the negligence of another must
show that he has exercised his natural
senses with ordinary diligence under the
circumstances to avoid danger.
2OSl. &. q +. Railroad Company VS. Bailey.
Pulaski G. c.. Petition to modify mandate
dismissed.
Superior Court.
Room 1--John l.. McMasteG. Judge
Addie Campbell VS.. Citizens Street-rail-
road Company damages, On trial by jury.
Harry j. Milligan VS.. Milton Freeman ct
al; notes and mortgage. Finding and judg-
ment for plaintiff against all defendants for
$l,90.14 Finding and judgment for de-
PENDANT Majors against his co-defendants,
Freeman q Freeman, for $4,000.
Room LAWSON NJ. Harvey, Judge.
G. F.. Wittmer Lumber Company VS.. Sam
uel j. Rice ct all mechanics lien. Judg-
ment against defendant o Bannon for $211.22
and. costs.
Oliver w. Allen VS.. Jack Gassoway. Dis
missed for want of prosecution. Judgment
against plaietiff for costs.
Pearl b. Devore VS.. j. Elmer Devore; di-
vorce. Dismissed at plaintiffs cost.
Indiana Construction Company VS.. Ben
jamin Grant ct al. Finding for defendant
Akin, trustee. Judgment against plaintiff
for costs
Room S-Vinson Carter, Judge.
Jenkins-Heaton Manufacturing and ,Lum-
Der Company VS.. Effie E. Nysewander ct
al; lien. On trial by court.
Circuit Court.
Henry Clay Allen, Judge
Lewis f. Buschman ct al VS. Walter Shell
by; repevin. Submitted to court. Evidence
heard and taken under adyisement
Hess; bastardy. Submitted to court Evil
dence heard
Criminal Court.
John +. McCray, Judge.
The State of Indiana VS.. Max Rosenberg;
The State of Indiana VS.. Thomas Craw
ford; selling liquor without license. Plea
of not guilty. Trial by court. Taken I'M
der advisement.
New Suits Filed.
Indiana Bermudez Asphalt Company VS..
The Citizens Street-railroad Company;
damages. Superior Court, Room 2
Laura A Gray VS.. Charles II. Gray; suit
for divorce Superior Court, Room 3.
Mary e. Compton VS. Robert e. Smith;
suit on notes. Superior Court, Room 3.
Catharine Ward VS.. Margaret Twyman;
Lillian NJ Randall VS.. The Citizens
Street-railroad Company; damages. SUI
perior Court, Room g.
NJ O'Connor & Co. VS.. Harry B. Ryan
ct al. suit on note. Superior Court, Room l.
Y. w. &. a. Notes.
The lecture by Mrs Nav Wright SeMall