The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-26

ton is a new contract made with the intent
to extinguish one already in existence; 1t Is
mutual agreement between all the parties
interested.
2514 Kennedy VS.. c., c.. c. & st. L. Ry.
Co Madison c. c.. Reversed Henley, G.
J.-Where a railroad company entered upon
the real estate owned by a minor appro-
priated it to the use OF right of way, with
out any legal proceedings therefor, and
afterwards the company transfers all its
effects and rights 20 another company the
minor on arriving at the age of twentyone
years is entitled to an assessment of dam
ages under Sections 500, sos and 800, r. S.
2525 Christian Church VS.. Shoemaker
IA speciai finding must find the facts and
not mere matter Of evidence.
PATS. Smith VS.. DIETRICH. Marshall c. c.
Reversed. Black, J;I,W y here an assignment
replevin may be lawfully made.
2290. Johnson VS.: Clark. Marion s. C.
Affirmed. Comstock. il. When a debtor
has delivered to his creditor the amount due
him or placed in his hands the means by
which it may be realized. without condi-
tions the debtor looSes the right of prefer
ence 2 A factor to whom goods are con-
signed for sale has lien upon the goods or
proceeds from the sale thereof not only for
in connection with the particular goods,
but also for the balance due him from his
principal on their general account
Sullivan c. c. Affirmed. Robinson, j
Where an architect drew plans of build
builders that if his plans were not used in
the construction Of the building he was to
receive no compensation for his work when
the plans are abandoned on account of i'm
perfections in them he is not entitled to re-
ceive such compensation, although they
were adopted for the purpose of receiving
2Ol6. Glass Company vs. Brakeman. Mad
ison c. G. Petition for rehearing overruled.
2O37. L.. N. A. & c; Ry. Co. VS.. Gilmore.
Montgomery c. c. Petition for rehearing
overruled.
2l2S. Savings Bank VS.. Lounge Company.
Marion S. C. Petition for rehearing over
24so. Insurance Company VS.. Martin.
Whitley C. c. Transferred to Supreme
24O5. Marzingo VS. Ross. Hamilton C. c.
Transferred to Supreme Court.
2522. Owngs VS.. Jones. Blackford C. c.
Transferred to Supreme Court.
2055. Swift VS. Harley. Hamilton G. G.
Appellee petitions for rehearing.
2279. Boyd VS.. Coal Company. Clay c. c.
Appellee petitions for rehearing.
Superior Court.
Room limo. L. McMaster, Judge.
Theodore Deitz VS.. VIM. S. Budd on ac-
count Part of evidence heard. Plaintiff dis
misses Judgment VS.. plaintiff for costs.
Thos. Mcdonnell ct al: VS.. Martha f.
Citizens; contract On trial by jury.
Jacob j. Steinmetz VS.. Lille E. Steinmetz;
divorce. Dismissed and costs VS.. plaintiff.
Sarah J. Pattison VS.. Bridget Hirth ct
al; foreclosure. Dismissed and costs paid.
Room 3-Vinson Carter Judge.
Hanna J. futile VS.. Rodger A. Sprague
ct al: foreclosure. Dismissed and costs paid.
Wilhemina Albertsmeyer VS. Citizens
Street-railroad Company; damages. On trial
by jury
Jacob Kahn vs. Leopold Strauss; appeal.
Dismissed. Judgment VS.. plaintiff for costs.
Circuit Court.
Henry Clay Allen, Judge.
In repetition of Edward c. Huntington
ct al; for the location of highway on the
county line between Marion and Hancock
counties. Evidence concluded and taken
under advisenent.
Frank w. Wood, guardian VS. David B.
Bray ct AL; partition and account. Sub
mtted to court. Evidence heard. Finding
that property is not Invisible. Sale ordered.
George A. Buskirk appointed commissioner.
Frank Felt VS.. Charles w. Wilson; APP
pealed from justice of peace, On note. Sub
mitted to court. Evidence heard.
Criminal Court.
John F. McCray, Judge.
The State of Indiana vs. John Gardener;
petit larceny. Tried by court. Evidence par
TALLY heard. Cause continued.
New Suits Filed.
Lena Ittenback VS.. Gerhard L. Ittenbach
ct al; suit for support. Circuit Court.
Clara L. Wambaugh VS.. the Merchants
National Bank ct al; suit to quiet title.
Circuit Court.