The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-05-18
THE COURT
Court.

III SOONI vi
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Supreme Court.
1879. State of Indiana VS.. Bracken: Lake
Z. {. Affirmed. Hadley. i'll. An altered
receipt necessarily implies the existence of
eeipt necessariiv immiies one than is Wholly
raise; z Where the charge In an affidavit
and Information is ~repugnant the %afidayit
and information Is defective.
lS4n. Zimmerman VS.. Gaumer. Cass G. c.
Reversed. Monks. G. il. Where certain
cross complainants are not parties to a
Judgment against appellant he is not re-
cation appeal. 2. Where the error assigned
Is that the court erred in sustaining motions
TO suppress parts of dispositions; in sus-
tanning a motion to submit the issues to the
court without the intervention of a jury;
in sustaining a motion to require the jury
to return a special verdict and in the ad-
mission and exclusion of evidence, sucn as
signment presents no question for review as
they are all causes for a new trial. 3.
Where the complaint to which demurrerS
were sustained Is not in the record any
question as to the correctness OF the ruling
Is not presented; 1. The filing of an
amended complaint valves any error the
court may have committed in sustaining a
demurrer TO the original complaint. D.
Overruling a motion to strike out a part or
parts OF a pleading is not available error. b.
When a demurrer was overruled and the
record shows that the demurrer is mot
on file" the presumption Is that the ground
of objection stated in the demurrer did not
reach the defect, If any,. in the pleading,
and was properly overruled for That rea-
son: or that the same was SO dsfectively
stated as to present no question. l. ~ TALL
ure Of a jury TO find all the facts is not a
ground for a venire de novo. :. If the
facts within the issue established by, the
evidence are not all found, or If found are
contrary to the evidence or not sustained
by it the remedy is a motion for a new
primarily liable is an absolute satisfaction
of the same. even IL the Judgment is as
signed to the person paying it by the judg-
a judgment against himself and principal.
in which suretyship is not known. an as
signment Of the Judgment by the Judgment
creditor TO him does not authorize execu-
ton to be issued thereon H. Under 122s
and 1928 Burns's r. s.. 1894, if the person or
persons. who are s%ureties, pay on a 1udg-
judiciaiiy determined. such question may
be tried and determined by the court In
which the original Judgment was rendered
in a proper proceeding after such payment.
But such action to try the question of sure
tyship, If brought after the payment of the
5 ipdsmsnt e. is iim hsTTea by Which the bes sln to yea ann
from the date Of such payment. To obtain
an execution on such judgment so paid by
the other Judgment defendants to try the
of suretyship, and secure an order
for an execution thereon.
1885. Goodman VS.. Sampl1ner. Jay u. Z.
Transferred to Appellate Court.
Appellate Court.
2Se2. Shelby VS.. Moore. Hamilton c. c.
Affirmed. Comstock, IA tenant under the
terms of his lease was to receive one-third
the remaining two-thirds TO belong to the
during the term of such lease a
brother of the tenant sold and delivered to
a mill owner the portion belonging 10 the
landlord without the latter's knowledge or
consent. Held that Section 5224, Horner's
r. s., 1897, gives the landlord a lien on SAID
grain, which is superior to that of the .pur-
chaser. although his purchase was made In
good faith.
Affirmed. Black, c. jim order for an
a affidavit and information charging the de-
PENDANT with the unlawful sale OF mort
gagged property under Section 1894. horners
IL need not allege that the sale was made
without the written consent of the owner of
the mortgage.
Superior Court.
Room John l.. McMaster. Judge.
Silva p. Leach VS.. Carrie Leach: divorce.
Evidence partly heard and continued.
Room FLAMES NJ. Leathe s. Judge.
Allen l.. MendeI VS.. Joseph M. Dugan:
damages. Jury returned verdict for 800 for
plaintiff.
Room 3-Vinson Carter, Judge.
George a. Dickson VS.. o Bertermann
ct al; rent. Dismissed and costs paid
George A. Dickson ct al. VS.. John Berter-
mann ct al; rent. Dismissed and costs paid.
James B. Knickerboeker VS.. Allen II. Rus.
sell eft al; appeal. Finding for DEFENDANT
and Judgment against plaintiff for costs.
Circuit Court.
Henry Clay Allen, Judge.
Eva A. Seguin VS.. Edward s. NJ: Seguin:
divorce. Submitted to court. Evidence
heard and taken under Amusement.
Cyrus Emery VS.. John Dwiggins ct al;
from justice of the peace. Defendants dis
missed appeal. Judgment against defend
ants for costs.
lon ct AL: partition. Submitted TO court by
agreement. Finding that property. is not
susceptible of division. Sale ordered. John
r. Welch appointed commissioner to make
sale and files bond in the sun of $1,000. with
James Renihan as surety. Approved
William f. Walling VS.. Sanford p. Hamil-
ton ct al; foreclosure. Dismissed and costs
John Noting VS.. Elizabeth H.. c.. Kreber
ct al; to foreclose lien Edward III. Free
concluded. Finding for j. ]. Valdenaire.
Personal Judgment against Edward II. Free
land for 1885,. q. Finding for William A.
Rhodes for $l95.3S. Personal judgment in
favor of Valdenaire against j. j. Kreber for
S7s3.69. Finding for Wales Estate for &1.6O;
for Frank Bartel for sts; indianapoiis Paint
sS5. 70: John Noting for $3.50; Consolidated
Paint and OIL Company Sl6go; A. b: Keep
art, s7LS5; Lilly & St~alnaker, s2i; Elias
Crompton, So; Moses b. Zook. 1859: William
Peacock, S7.20: William Buch, s26.35: Cum
mings & Wood. $37: Milton S. Meyers, s161-s9.
Mortgage of Valdenaire foreclosed and sew
eral mechanics liens foreclosed. Sale ordered.
collect rent and files bond in sum of $500,
with j. j. Valdenaire as surety. Approved.
Lewis Brandenburg ct al VS.. Washington
Savings and Loan Association; receivership.
Submitted to court. Evidence heard In part.
New Suits Filed.
Indiana Bond Company VS.. Anna Porter ct
al: Improvement lien Superior Court,
Room 3
Christian Koepper VS.. Richard Lego ct
al. suit on note. Superior Court, Room i.
John Adam VS.. Louis Adam ct al; fore
closure. Superior Court, Room 3.
Golf saturday.