The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-27

upon which the proceedings in the. lower
court were had, and upon which Judgment
tons which relate back TO the complaint.
1888. insurance Company vs.. Kent. White
e. Q. Petition for rehearing overruled
Howard, 1.-THE mere fact that real es-
tate is used by person other than the
owner for educational purposes will not re-
lease the real estate from taxation 49,
Note-ln cause No. 1913, decided yet; y,
1t was held that acts 1879. page 2Ol, Is
valid amendment of Section Y or the act
of 1872 empowering a town prior ~. 70 lS 1881.
of liquors and fixing a license fee or $lOO
for the privilege of selling the same in
quantities not less than quart
1929 Ul.rich VS.. c., c., G. & st. L. Rail-
way Company. Dearborn c. c. Petition for
rehear1ng 0verruled.
Affirmed. Robinson. il Where the con-
sideration for deed of conveyance is con-
tracted 1t cannot be modified or changed
by parol evidence. 2 In the absence of evi.
dence of what the stipulations in deed OF
conveyance are, when the deed was exc
executed in pursuance to a contract, 1t Will
be presumed that the contract was carried
out by the execution Of the deed
Appellate Court.
253o Smith VS.. Miller. Carroll c. c. Re-
versed. Comstock, il. In petition, ask
set aside and the estate reopened, based
upon Section r. S.. 1894, Section 2ooS, 1t
must appear from the complaint that the
larry damages to the petitioner. Special
findings cannot be looked to in order to
determine the propriety of ruling on the
pleadings unless they rest upon other plead
ing than the one ruled on.
Superior Court.
Room III l.. McMaster. Judge.
The Provident Saving, Loan and Invest
ment Company VS.. Albert C.. Jaleski ct al;
foreclosure. Taken under adyisement
George Cook VS.. William IT, Owens; APP
peal from Walpole, justice of the peace On
trial by court.
Room 2-Lawson M. Harvey Judge.
Elizabeth A. Howe VS.. William A. Howe;
divorce. Decree granted plaintiff.
Charles Culbertson vs James f. Quigley:
habeas corpus On trial by court.
Room 3-Vinson Carter. Judge
Edward Kaser VS.. Eta Kaser: divorce.
George Kornbrake ct al. VS.. James M.
Beatty. Judgment on verdict for 800 and
August Krashwitz VS.. LYDIA G. Willard;
damage. Jury instructed to return verdict
for defendant.
Circuit Court.
Henry Clay Allen, Judge.
Mary e. Pletzer VS.. Joseph Pletzer. Sub
mitted to court Finding for plaintiff De-
cree of divorce. Plaintiffs former name,
Mary E Fromhold, restored. Judgment
Emanrel L. Beck, admir-, VS.. F., g, e.
st. Louis Railway; damages. On trial by
ftaCriminaI Court.
Oran N Muer, Judge pro tenn.
The State of Indiana VS.. Albert Rockwell;
selling liquor on Sunday. Tried by court
Evidence partly heard. Cause continued.
The State of Indiana VS.. William Ed
munson; incorrigibility. Affidavit filed by
Elijah EdInunson.
The State of Indiana VS.. Louis Howard;
assault and battery with intent to kill. Plea
of guilty to assault and battery Defendant
seventeen years old. Sentenced to the work.
house for six months.
New Suits Filled.
Myrtle E. Fleener VS.. Willis F1eener; suit
for divorce. Superior Court Room l.
Indiana Bond Company VS.. John Sheets
ct al; improvement lien. Superior Court,
Room 1.
George W. Shafer VS.. The Keyless Lock
Company; suit on contract. Superior Court,
Room 3.
Maggie Thompson VS.. Everett Thomp-
son; suit for divorce. Superior Court,
Room g.
John Kraft VS.. Caroline Stehlin: suit on
account. Superior Court, Room 3.
Robert S. Foster, jr., VS.. Citizens Street
Railroad Company; damages. Superior
Court, Room /.
Abraham Jacobs VS.. Andrew G.. Kreitlen;
damages. Superior Court Room 2
Estella Chambers Wallace 8. Cham
bers; suit for divorce. Superior Court,
Room q