The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-10-28
THE COURT RECORD.
Supreme Court.

1905. State of Indiana VS.. Turlsy., Law
renee G. c. Reversed. Monks. il. The
quire," to obtain legal evidence to dis
cover and detect crime, and for that pur-
pose they have a right to interrogate wit
nesses concerning all matters which may
tend to accomplish that result And in
making the Investigations required by law
the grand jury may require witnesses to
on the trial of the cause. While an indict-
n-ent should be returned upon legal evil
dence," the grand jury may require wit
resSes to answer questions tending to show
where and from whom they may obtain
such evidence, and all such testimony is
touching matter material to the point in
question" 3. In an indictment for PERJURY
committed in testifying before the grand
jury 1t must appear from either the facts
alleged or direct allegation to that effect
that the testimony claimed to be false was
given touching a matter material to the
point in question" and when it appears that
the materiality of the testimony alleged to
from specific allegations TO that effect made
In the language of the statute. the indiot-
nent will be sufficient. 3. While person
may not be rs4uired to answer questions
before grand jury which will incriminate
himself, but If he testifies to any matter
falsely he is subject to prosecution for per-
jury the same as any other witness.
1850. Grubbs VS.. Lyendecker. Wayne c..
c. Petition for rehearing overruled.
bd 1SsSS. Fl , C., e. St Ry Co. vs. Ma,
certificate Of clerk granted.
Appellate Court.
2s4o. City of Indianapolis VS.. Turner.
Marion S. c. Affirmed. Comstock, c. il.
Records upon which this court try appeals
ing place in the trial court and parties can
not make a record by agreement where no
such proceedings have been had. 2. Where
1t affirmatively appears from the record
that the parties to the action agreed after
the trial of the cause that certain evidence
should be omitted from the record on APP
When the at to ths court
depends on the evidence. this court must
hold that no error is shown.
2s12, Scheiher VS.. United Telephone Co.
Huntington c. c. Transferred TO Supreme
Court. Wiley. J.-When the plaintiff in an
action for damages prays for Judgment of
$o,W and appeals from the action Of the
complaint, the jurisdiction on appeal is in
the Supreme Court.
BOSS. City of Greensburg VS.. c.. c., c. &;
Robinson, il. An action brought before
the mayor of city by the latter against
railroad for the purpose of recovering a
judgment in the nature of a penalty for the
violation of an ordinance regulating the
speed of trains, such action is a civil one,
appy on or When ap6ea T
diction is invoked 1t Is in the Supreme Court.
unless the case falls within one of the
classes over which jurisdiction is placed in
this court by the act creating it. 3. In no
case can an appeal be taken to this court
when IL could not have been appealed to the
Supreme Court prior to the act creating the
Appellate Court. 4. An appeal cannot be
taken to this court where the action origi-
mated before the mayor of a city when the
amount in controversy, exclusive of interest
and costs, is less than $50.
27O2. Lewis VS. Albertson. Lawrence c.
c: Petition for rehearing overruled.
.212O. Willard VS.. AlbeTtSon. Lawrence G.
c. Petition for rehearing overruled
27S5. Willard VS.. Albertson. Lawrence G.
c. Petition for rehearing overruled.
-11. ~
c. Petition for rehearing overruled.
Superior Court.
Room 1--Johp L. McMas ser. Judge.
Bartholomew d. Brooks vs. Edgar Stuck;
mechanics lien On trial by court.
Edward Mcnamara VS. George Siegmond
against defendant for costs.
Room flames NJ. feathers, Judge.
George w. Harris VS.. Daniel Carter;
malicious prosecution. Jury finds for de-
PENDANT
Room 3-vinson Carter, Judge.
William Pierson VS.. Citizens Street-rail-
road Company; damages. On trial by jury.
Lavina A. Owen VS.. Miles o. Cook ct al.
to quiet tie Finding for PLAINTIFF and de-
cree quoting title in plaintiff. Judgment
against plaintiff for costs.
Circuit Court.
Henry Clay Allen. Judge.
Sarah +. Campbell VS.. Katherine Gal
lagher; slarder. Jury returns verdict for
defendant Judgment on verdict against
plaintiff for costs.
Patrick w. Eagan VS.. Capital National
Bank and the Washington National Bank
damages. Submitted to court Evidence
heard in part.
New Suits Filed.
James e. Rogers VS.. Citizens Street-rail.
road Company ct al; damages. Superior
Court, Room /.
G.. +. Wittmer Lumber Company VS.. Har.
ry WATSON ct al; mechanics lien. superior
Court, Room ].
German American Building Association Of
Indiana VS.. Pauline c. Denning ct al; me
chanic's lien. Superior Court, Room !.
Harry c. Andrews VS.. I. b. Laycocl
Manufacturing Company; damages. Su
perior Court, Room 3.
Alice Cunningham VS.. the North Ameri
can Construction Company ct al; damages
Superior Court, Room 3.
Florence Walkenwetz VS.. Emil Walken
wetz; divorce. Circuit Court
Leonia Lindsay, Administrative. VS.. Cleve
land. Cincinnati, Chicago * ST. Louis Rail
way Company; damages. Superior Court
Room 2
Cash Blackburn VS. Anna Blackburn; di
vorce. Superior Court, Room
Reception for Soldiers.
II has been suggested that reception, O