The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-24
THE COURT c
Supreme Court.
1892. National Bank VS.. Arnold. Elkhart
c. c. Publication ordersd
AnnaITata Tnurk

1892. National Bank VS.. Arnold. Elkhart
c. c. Publication ordered.
Appellate Court.
$685.. State ex rel. CARRIER VS.. Mock. Kos
clusko Z. G.. Reversed Robinson, il. The
statement Of a township trustee in his an
nual report Of the amount Of money in his
hands Is conclusive against the trustee in a
suit on his official bond. 2. 1t is the duty Of
the board OF commissioners to accept a re-
port OF a township trustee only when it
shows the proper debts and credits. 8. A
oWnsnIp trustee is not bound. to accept
anything from his predecessor but money,
and II he should choose to accept a note or
verbal promise and voluntarily charge him.
self with cash he cannot be heard to COM
plain afterwards. 4. In passing upon a trus-
tees report the board Of commissioners act
In a ministerial capacity. 5. The mere fact
that a trustee is i%nsolvent is no excuse for
his successor in failing to collect money. due
the township If his bondsmen are solvent.
1851. C., C, c. & st. L. Railroad Company
VS.. Huddleston. Hendricks G. c.. Reversed.
Comstock, il. When an action is brought
for damages, caused by obstructing a drain
termed the Holloway ditch" the court in
fers that the ditch is an artificial one by
constituting the language most strongly
against the pleader. 2. A railroad company
Is not bound to provide an outlet for surface
water, nor liable for turning it upon the
lands OF adjacent proprietors. 3. An artificial
waterway may not be constructed or main
tanned, except by authority Of law. or UNI
DER a contract, in any case where it i'm
Jacent owner.
Superior Court.
Room III. L. McMaster, Judge.
Percy r. Chevalier VS.. Nathan Schooley;
mechanics lien. Dismissed and costs paid.
Mary Shortridge VS.. George w. Russell:
replevin. Finding for plaintiff that she is
entitled to property and l cent damages.
Judgment accordingly.
State of Indiana ex rel. John Miller VS..
Benjamin White, j. p, ct al: writ of pro-
hibition. Dismissed. Judgment against re-
lator for costs.
Room flames NJ. feathers. Judge.
join NJ. Emery VS.. Perry C. Apple, trus-
court.
The indianapolis Sentinel Company VS..
John A. Wilde; account. Finding and judg-
ment, by agreement, against defendant for
$S5.52 and costs.
Rose c. Wyatt VS.. Robert c. Wyatt; di-
vorce. Decree granted plaintiff. Judgment
against plaintiff for costs.
Charles K. Coffin ct al. VS.. William M. and
Ella L. Aughinbaugh; notes. Dismissed and
costs paid.
Room S-vinson Carter, Judge.
German-American Building Association
VS.. Albert r.; Tucker ct al; foreclosure.
Finding and judgment against Alice Long,
William T. Long and Albert r. Tucker for
1885 and costs.
Savings and Loan Association; appeal.
Finding for plaintiff. Judgment against de-
PENDANT for possession of property and 1
cent damages and costs.
Circuit Court.
Henry Clay Allen, Judge.
Samuel S. Rhodes VS.. Prudence S. Olcott
ct al. foreclosure. Submitted to court, evil
dence heard and finding for plaintiff. Per-
sonal judgment, jointly and separately,
against Prudence and Charles A. Olcott for
sum of $966.6 without relief and foreclosure.
Frank Matlock VS.. William Rodebeck;
from Hancock county; on contract. On trial
by jury.
Nancy S. Riggs VS.. Lucius H. Riggs; d.
vorce. Granted and plaintiff allowed $3.50 for
alimony. Attorneys fees included.
New Suits Filled.
Noah Cougar VS.. Edgar Stuck ct al. me-
chanics lien. Superior Court, Room l.
Indiana Bon Company VS.. Chicago, In
~dianapolis & Louisville Railway Company;
Improvement lien. Superior Court, Room /.
Bertha Matthews VS.. William Matthews;
divorce. Superior Court, Room 8.
John West VS.. Edgar Stuck ct al; me-
chanic's lien. Superior Court, Room /.
Joseph H. Brown VS.. Edgar Stuck ct AL;
mechanics lien. Superior Court, Room 2.
Louisa Cue VS.. Napoleon Cue; divorce.
Circuit Court.
Margaretha Kreuzer VS.. Joseph Kreuzer,
jr.; suit to recover money loaned. Circuit
Court.
Big Four Building Association of Indiana
VS.. Leona McC. Wood ct al; suit to fore
close mortgage. Superior Court, Room 2.
The Land Title and Trust Company, Ad-
ministrator, VS.. the Indianapolis and Broad
Ripple Rapid Transit Company ct al; suit
to quiet title. Superior Court, Room 3.
Frank l.. Watson VS.. Katharine Watson;
suit for divorce. Circuit Court.
Phoeba Anderson VS.. John NJ. Alderson;
suit for divorce. Circuit Court.