The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-22
THE COURT
supreme Court.

Supreme Court.
1885. zimmerman VS.. Makepeace. Della
ware c. c. Affirmed. Baker, il. Injunc-
tlons operate in personam, and a court of
equity mas the power TO proceed against the
former has jurisdiction of the subject mat
ter. 2. The cestui que trust may bring an
action to protect the estate when the trus-
tee neglects or refuses to act, or when, upon
the resignation of the trustee and before
the appointment of a successor. 8. A sale of
land that would be f~ruitless to the judgment
creditor and which might cloud and COM
plIcate the title may be enjoined. A. No APP
peal can be taken from a term time inter-
llocutory order after the expiration of the
term at which 1t was taken. 5. Where land
IS devised to trustees and are given the
power to sell the same at any time during
the life OF the cestui que trust at their dis
cretlon and give the purchaser a full title
thereto, and in case of sale the proceeds
thereof to be held by them to the same uses
for which they held the land, and in case
there was no conveyance during the life of
such person and at his death the said trus-
tees were ordered and empowered to convey
the land to the children of such party. Held
that the person for whom the trust was
made had no estate or interest in the land.
1872. Indiana Mutual, ETC., Association VS..
Plank. Fulton G. c. Reversed. Monks, j.
/. If an exhibit is filed with a pleading
which is not the foundation thereof it can
not be considered in determining the Sufi-
cheney of such pleading but must be disre-
garded. 2. When an action is brought by a
building and loan association upon a note
and mortgage to foreclose the lien on the
mortgaged property and also to enforce a
lien against stock assigned as collateral Sc
curity for the debt it is not necessary that
the certificate of stock be made an exhibit
to the complaint as it is not the foundation
of the action.
1885,. Schneck VS.. City of Jeffersonville
Clark c. c.. Petition for rehearing dis
missed and withdrawn.
184S9 Myers VS.. Cullum. Carroll G. G. Pc
tition for reh6aring overruled.
1890. Messenger VS.. State of Indiana.
Starke c.. c. Petition for rehearing over
ruled.
1894. Shirk VS.. Harrison School Township.
Howard c. c. Transferred to Appellate
1884. National Loan, ETC., Co. VS.. Rich
man. Madison c. c.. Motion to dismiss sus-
tanned.
Appellate Court.
2611. Austin Manufacturing Company VS..
Smithfield Township. De Kalb G. c. At
tirmed. Comstock, il. A township trustee
has no power to bind the township by con-
tracing a debt in excess of the fund on
hand to which the debt is chargeable, and
Of the fund to be derived from the tax as
sessed against his township for the year
from which such debt is to be obtained
without first obtaining an order from the
board of County Commissioners. 2. There
can be no recovery from a township for sup
plies furnished unless the articles purchased
are suitable and reasonably necessary and
are actually delivered to and accepted by
the township. 8. The authority of a town
ship trustee is wholly statutory and 1T Is the
uQlN VI LlOSG uGdlllB Will NH W dSCCl Nolll
his authority.
1853. Mccormick, etc. Co. VS.. Smith. New
ton G. g. Affirmed. Henley, il When the
objection or exception taken by the appel
liant in the lower court or his assignment of
errors in this court as to more than one rul-
ing or act of the lower court 1t will fail I'M
less 1t is valid as to all of such acts or rul-
ings. 2. When the evidence is not in the rec
ord the instruction given by the court can
not be regarded as erroneous If they can be
considered correct on any state of facts adj
Missile under the issues. 3. The bill of eX-
c~eptions in this case is not properly in the
record because 1t does not aftirmatively APP
pear from the record that 1t was filed after
being signed by the trial judge.
264S. Patterson VS.. limerick. Miami G.. G.
Affirmed. Robinson. il Where an action
is brought to recover rents for leased
premises, which rents are secured by bond
wherein the obligors agreed to pay attor-
neys' fees for the collection of the same,
and the liability of the sureties is limited to
81, 200 by the provisions of the bond, in prov
ing the value of attorneys fees against the
sureties the question stating the amount in
volved should be limited to the. penalty of
the bond, and as to the principal 1t may IN
clude the amount due. 2. When premises are
leased for a specified time the lessee has no
right to abandon his contract at his discre-
ton. 3. SO long as a landlord complies with
the terms of his lease he has the right to
look to the tenant for the agreed rent dur
ing the life of the lease.
Superior Court.
Room IL. l.. McMaster, Judge.
Daniel w. Marmon VS.. William Geizen-
danner, jr.; account. Finding and judg-
ment for plaintiff against defendant for
$27.H and costs.
Mary Il. Shortridge VS.. George Russell ct
al; replevin. On trial by court.
Room FLAMES M. Leathers, Judge.
Frank Aldag VS.. Christian II. Heines; ac-
count. Finding and judgment by agree
ment against defendant for 1853 and costs.
George w. Stout VS.. John l.. Sterrett;
suit on judgment. Finding and Judgment
by agreement against defendant for $744S
Frank N. Grinsley VS.. The sinker Davis
Company; dismissed by plaintiff. Costs
Horace j. Study VS.. John w. Murphy ct
al; appeal from Hay, ]. P. On trial by
court.
Room 9--Vinson Carter, Judge.
Lutte Newman VS.. Charles p. Newman.
Divorce granted plaintiff, with custody of
children. Judgment against defendant for
costs.
Indiana Bond Company VS.. Thomas II.
Shearer ct al. lien. Finding and damages
against Lot 43, SLIT; Lot 105, $6.12, and Lot
los, 1912. Decree foreclosed.
Phinias RAIDER VS.. Mary RAIDER; divorce.
Dismissed by plaintiff at his cost.
Rudolph Boetcher VS.. VIM. e. Kelly ct
al: note. Evidence heard and taken under
advisement.
Cook; possession and damages. Judgment
against defendant for possession OF real
estate and $50 damages.
Circuit Court.
Henry clay Alien, Judge.
Mary L. Schackel, administrator, VS..
Frederick Kellerman; on note. BY agree
ment of parties and approval OF court set
tied for LIS Dismissed at costs of estate.
Ambrose j. Heron ct al. vs.. Louisa Bar
rett; to foreclose mechanics lien. Finding
for defendant on complaint and finding
against cross-complaint on cross-complaint.
Judgment against plaintiff for costs on COM
plant and Judgment for defendant for costs
on crOsS-cOmplaint.
Noah Cowger VS.. Bridget Conner; APP
pealed from ]. p; damages. Submitted to
jury. Evidence heard in part. Jury in
Criminal Court.
Fremont Afford, Judge. d,
State VS.. Albert Ennos: grand larceny.
Fined 81 and sent TO workhouse for ninety
days.
State VS.. Henry Smith; entering farm to
commit felony. Fined 81 and sent to the
workhouse for sixty days.
New Suits Filed.
Ida NJ. Neville VS.. William H. Neville; di-
vorce. Superior Court, Room l.
Charles Toon VS.. Lyme 5. Woodbridge
suit TO foreclose lien. Superior Court,
Room L.
Emma c. Meats VS.. Henry H. Meats; di-
Vorce. Superior Court, Room 3.
Robert Walker VS.. Ollie Walker; suit for
divorce. Superior Court, Room 8.
Hygiene Milling Company VS. Wesley NJ.
Gerard Ell al. suit on note. Circuit Court.
George Greger VS.. The Industrial Al
lance Building and Loan Association; re-
ceiver. Superior Court, Room 3.
Cornelia A. Harvey VS.. AlonZo d. Har-
Patrick NJ. Eagan VS.. The Capital Ma
tiOUai Bank ct al: damages. Circuit Court.