The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-05
THE COURT RECORD.
Supreme Court.

Z. G. Affirmed. Monks, il. When a per-
sen to whom a corporation is indebted is
elected treasurer of such corporation he
las the right to apply money which comes
into his possession upon Unsecured indebted
ness or said company to him. 2. This court
VIII not disturb verdict of the lower court
merely on the weight of the evidence. g.
When two or more defendants jointly move
taken by all it should be overruled 4. A
joint assignment of errors is not available
unless 1T is good to all.
1857. Cotterell, administrator, VS.. Koon
Montgomery c. c. Hackney, c. il An
attack upon judgment for fraud in its
collateral one, although the judgment ques-
toned may appear upon its face regular
ard valid. 2 Where, in a pleading or spe-
clal f1ndlng, fraud must be made to appear,
except there be some statute or special rule
TO the contrary, the facts constituting the
fraud must be stated, mere epithets are not
required, nor are they available.
1888. Denton VS. Arnold. Harrison C.. c.
Affirmed. Jordan, il. A proceeding in
the proper court, by an administrator to sell
the land of his decedent for the payment of
debts and claims existing against the es~
tate, stands upon the same ground as an
ordinary Judicial proceeding In court OF
superior Jurisdictions; and when the court is
invested with jurisdiction over the subject
matter ana the parties to such an action, its
order or Judgment therein will be protected
against a collateral attack, however erro-
neouS such judgment or order may be- and
such order or judgment must stand and
prevail against the parties thereto, until set
aside in direct proceeding instituted for
that purpose. 2. A widow is not entitled
as against a purchase money MORTGAGE to
her one-third interest in the mortgaged
premises, and the court is empowered to or
der the sale of the interest of the dece-
dent in his real estate when it is liable to
sale to satisfy a lien thereon, for the pur-
pose of discharging such lien, and to order
the payment to her of the proceeds of such
sale after satisfying such lien. g. When
the findings and judgment of the lower
court show that a defendant was notified
of the tendency of the action, this court
rrrfn 4l.Ak kasfn oil n IT'S
DUTY and found before it rendered its judg-
ment that such defendant, as a party de-
PENDANT, had been duly notified thereof as
1868. American, etc, Society VS.. Barnes.
Huntington c. C. Dismissed under Rule 20
Motion to retax costs sustained.
1855. Pritchett VS.. McGaughey. Knox G.
G. ,oe Motion to dismiss postponed ,,,.on
c. Certiorari denied.
1859 Mentally VS.. White Hamilton C. c.
Certiorari granted.
Appellate Court.
PSI. Hligoss vs.. Anderson n,. Gas Sem Com
c. J.-Where there is some evidence TO sus-
tain the vedrict of the trial court, it will
not be disturbed on the insufficiency of evil
,242O. Hancock VS.. I. E. & ". r. r. Co.
Howard c. c. Affirmed. Robinson, J.
ing. known to him to be dangerous, must
exercise care in proportion to the danger to
be avoided 2 Where the view OF a rail
road is obStructed, increased care in the
sense of hearing is imposed on one attempt
ing to cross. 3. Where the jury finds the
fact as to the care exercised by a party in
attempting to cross a railroad, and If there
is some evidence to support such a conclu-
sion it must stand, no matter what an APP
pelate tribunal thinks of the preponderance
of the evidence. But when the jury returns
a special verdict, and states as facts what
the companing party did and and there can eot be
it is the duty of the court to state such
conclusions as matter of law.
2355. Natural Gas Company VS.. Thomas.
Jay c. c. Reversed. Wiley il. Where
partners sell all the property of the partner
ship and abandon its purpose the partner
thereof a contract is made with the pur-
chaser for the use and benefit OF the indi-
vidual members of the partnership for
breach of the contract, the partners cannot
sue jointly, but must bring their actions
separately. 2. To enttle two or more per-
sons to join in an action as plaintiffs they
must have a common interest in the subject
of the action and in the relief
1855: Swift VS.. Harley. Hamilton c. c.
213O. Spencer VS.. Mclean. White c. c.
Petition for rehearing overruled.
ruled.
1886. Taylor VS.. Moore Rush c. C. Petit
ton for rehearing overruled.
2s44 Board of Commissioners VS.. Trust
Company Monroe c. c. Dismissed under
Rule So.
Kalb G. G. Petition to reinstate overruled.
1902. Meyers VS.. Lumber Company Lake
s. G; Certorari granted.
292l. Moore VS.. WlnStead. Madison y &.
Publication ordered.
1859. Howard VS.. Roland. Hancock c. C.
5sl8. p. G., 9. & St. L. r. r. Co.. VS..
Flood Wayne c. G. Appeal dismissed.
1885, l.. & N. r. r. Co. VS.. Greene. Posey
c. c. Appeal dismissed.
Superior Court.
Room ii. L. McMaster. Judge.
Robert j. Wetnight VS. Frank Peterman;
note and account. Finding and Judgment
for plaintiff against defendant for $14.45
and costs.
Union Mutual Building and Loan Associa-
ton VS.. Anna Flower ct al; foreclosure
Dismissed and costs paid.
H. T. Condo Implement Company VS.. FL
mer Howard ct al; contract. Dismissed and
costs paid
Room 2-Iawson NJ Harvey, Judge
Mahlon D. Butler VS. William Kennedy
rent. Jury returned verdict for defendant.
Room 3-Vinson Carter Judge.
William E. Gray VS.. Henry W. Lawrence;
damages. Dismissed for want Of prOSecu-
tion.. Judgment against PLAINTIFF for costs
ct al: lien. Dismissed and costs paid
John M. Jones VS.. Frank r. Harding
breach Of contract. On trial by jury
Atlas Savings Association VS.. James r.
Millikan ct al; foreclosure. Dismissed and
Atlas Savings Association VS.. James r.
Millikan ct al; foreclosure. Dismissed and
costs paid.
Atlas Savings Association VS. William NJ
Cross ct al; foreclosure. Dismissed and
costs paid.
Atlas Savings Association VS.. Finley r.
Teater ct al; foreclosure Dismissed and
costs paid.
Circuit Court.
Henry Clay Allen, Judge
S. Morris Neck VS.. Samuel Hanway's Es-
tate. Submitted to court. Evidence heard
and finding for claimant. Judgment against
estate for $40 and costs.
Annie Moore VS. Andrew D. NEEDLE eft al.
on judgment. Dismissed for want of prose-
cution. Judgment against plaintiff for costs.
Ida E. r. Johnston VS.. Jacob Eldridge's
heard and finding for claimant. Judgment
against estate for $12460 and costs
Merchants Shoe and Leather Association
VS.. David w PierSOn; on account. De-
PENDANT defaulted. Submitted TO court.
Evidence heard and finding for plaintiff.
costs.
Charles Martindale VS.. Vitallis c. Balfe's
Estate. Allowed by administrator for $40
and costs against estate.
John F.. Barnhill VS.. Albert Barthel's ES-
tate. Allowed by administrator for SIS and
costs against estate.
Indiana Bond Company VS.. William p.
Rranham ct AL; street lien. Dismissed and
costs paid.
New Suits Filed.
Walter C. Reed VS.. Mary G. Evans ct AL
mechanics lien. Superior Court. Room l.
Rose Wyatt VS. Robert G. Wyatt; divorce.
Superior Court. Room 2.
La Matte Klugel VS. Sarah +. Marsh;
suit TO quiet title. Superior Court, Room 2.
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