The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-06

tinction to criminal cases for the purpose of
including all cases other thar criminal cases.
lsz30 Jackson vs. Jackson. Wayne C. c..
Hetltlcn Tor rehearlng OveTruled.
1881. Whiteman VS.. Whiteman. Vgo c..
Z. Certorari granted and issued.
Appellate Court.
2347 Drudge VS. Letter Fulton C. c. Re-
versed. Black, il. When a warehouseman
IN the business of receiving grain in store
and minglins the grain received from deposit
tors In common receptacles with his own
grain or that received in store from other
uepoSitors, and it is a part of his business
tc sell and ship the grain so stored the va
rlouS owners of the grain so stored, and all
the various depoSitorS are tenants in COM
mon of the entire quantity of the commin-
sled gram z When a depositor of grain
with Warehouseman receives a receipt as
| IolIoWs: no. 81 March 81, 1894. Received
or +. M. Drudge six hundred and ninety nine
$50 bushels of wheat in store, subject to
our charges; fre at owners risk" he is the
owner OF an undivided portion of the grain
in store as long he holds his receipt, al
though his identical grain has been sold in
due course of trade, and if all the grain in
store is less than the aggregate deposits,
then all the depositors own the grain in
common. but each would have an undivided
snare less than the quantity deposited by
him, and the loss or shrinkage must be
prorated between them. g. If at a time
when there IS not enough grain in the ware
house to satisfy full demands of all depos-
ltors, The warehouse and its contents are
destroyed by fire without the fault of the
warehousernan, he is responsible for the
conversion of such quantity of wheat as
he had sold which is not represented by
wheat destroyed by the fire.
2191. Wrought Iron Bridge Company VS..
Board of Commerce. Marion c. c.. Affirmed
Robinson, &. il. The power to build Il
bridge across stream of water dividing two
counties is not incident to the power to es-
tablsh highways ?. The notice provided in
Section 3251, r. S., 1884, is requisite as the
initiatory steps in building a joint bridge
by two counties, for when a statute pre-
scribes the manner of exercising a power,
the manned prescribed must be adopted. ,.
construct a joint bridge is derived from the
statute, and all the conditions must be per-
formed before the exercise of their author
ity and ascontract entered into in disregard
to the statute is void and cannot be ratified
2295. Wright VS.. Shelf. Elkhart c. G. Pc
tition for rehearing overruled.
25S2. McFadden VS.. Rhodes. Shabby c. G.
Certiorari granted.
$3.50 State of Indiana VS. Buskirk. Mont
gomery c. G. Appellee petitions for rehear-
ing.
Circuit Court.
Henry Clay Allen, Judge.
Joseph Price, guardian, VS.. Horace Hes
ton ct al; partition. Dismissed by agree
ment of parties at defendants cost. Judg-
ment VS.. defendants for cost.
Morton II. IIilliard VS.. William III. Kohule;
replevin. Dismissed by plaintiff. Judgment
VS. plaintiff for cost.
New Suits Filed.
Cora d. Bronson VS.. Frank Bronson; suit
for divorce Superior Court, Room 8.
Walter Grim VS.. James Lewellyn; dam
ages. Superior Court, Room ?.
Joseph II. Clark VS.. Frank Wempe ct al;
suit to quiet title. Superior Court Room g
John Alburger ct al. VS.. Frank G. Reaume
ct al; suit on note. Superior Court. Room j.
Mary Il. Parmelee VS.. Scion W. Parmelee;
suit for divorce. Superior Court, Room ].
Berton b. Bales VS. William II. Donley
ct al suit for rent. Superior Court, Room B.
Cornelius 3. Cook VS.. Carrot A. stanton
ct AL; suit on note. Superior Court, Room l.
Jessie D. Schrall VS.. john A. Scnrall; suit
for divorce. Superior Court, Room 2.
David M. Neiman VS.. Citizens Street-rail-
road Company; damages. Superior Court
Room /.