The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-27
THE COURT RECORD.
Supreme COurt.

AHlrmed Monks, {. il Where q W1dOWer
having children by former marriage sub
sequently marres and rears children from
such subsequent wife and afterwards be-
comes divorced from such wife and after
wards they remarry and live together until
the husband dies, after his death such wife
is entitled to the fee simple of one-third of
all the real estate of which such husband
died seized. 2. An act of the Legislature
which attempts to amend a repealed act is
void
1S5OS. c., c., c. & st. L. Railway Company
VS.; King. Ripley c. c. Transferred to APP
penate Court.
1854. State ex rel. CARRIER VS. Mock. Kos
clusko Z. Z. Transferred to Appellate Court.
Appellate Court.
1884. Wheeler VS.. Rohrer. Marion c. c.
Affirmed Robinson, il. When bond
given to secure credit is an original under
taking and an absolute guaranty no notice
of acceptance by the guarantee is required
2. In a strict collateral guaranty the guar
antor does not undertake to do what the
principal is bound to do, but he undertakes,
in the event the principal fails to do what
he has promised, to pay damages for such
failure. 8. A surety undertakes to do a par
ticular thing in case the principal fails. 4.
"A motion in arrest cuts off a motion for a
new trial unless the grounds of the motion
for new trial are unknown at the time the
motion in arrest is made
2675. Mcnamara Beck. st. Joseph c.
c. Affirmed, Henley, il Although the
plaintiff in cause of action is non sui
juris he cannot recover damages for per-
Sonal injury unless the defendant is guilty
of negligence and at fault. 2. In an action
for personal injury caused by the negligence
of the defendant, where there is a special
finding by the jury it is for the court to
determine from the facts found whether the
defendant is guilty of negligence or not, and
a finding by the jury that the injury re-
suited from the negligence of the defend
ant will be dsregarded.
2507. Terre Haute, etc. Railway Company
VS.. Lauer. Clay c. c. Affirmed. Comstock,
il 1t is the duty of a passenger to fol-
low the reasonable instructions and rely on
the judgment of those in charge of the car
in which he is riding in regard to moving
from one part of the car to another, unless
it is apparent to the passenger that the
movement will be attended with danger. 2.
1t is not unreasonable for a conductor of
crowded car to request gentlemen to vacate
seats for ladies who would otherwise have
to stand in the car while it Is moving. 3.
When the evidence fairly tends to prove
the substance of the issue an objection that
there is a variance between the complaint
and the proof is untenable. 4. A conductor
represents the company in the management
of his so far concerns the location
of passengers. 5. A request from one clothed
with authority is equivalent to a direction.
6. 1t is not negligence per sc for passen-
ger to ride upon platform of street car,
going there directly from the street or from
the inside of the car.
257G. Terre Haute, etc. Railway Company
VS.. Yant. Vigo S. c. Petition for rehear-
ing overruled
1856. Crouch VS.. Charmness. Clinton c. C.
Petition for rehearing overruled.
1928 Magunson VS.. Billings. Noble C. c.
Transferred to Supreme Court.
Superior Court.
Room II. l.. McMaster, Judge.
Emma Schroyer VS.. City Of Indianapolis;
damages. On trial by jury.
Charles Holloway trustee, VS. Mary r.
Truett; foreclosure Finding for plaintiff on
note for $210.94 and costs.
William M. Marsh VS.. B. F. Gordon; note.
Finding and judgment for plaintiff for $24S.69
and costs.
Room FLAMES M. Leathers, Judge
Marcus L. Hare VS.. George Wolf: dam
ages. Court instructed jury to find for de-
PENDANT.
George w. Lanier VS. Rachel Lanier; d-
Vorce. Decree granted defendant on cross
complaint. Judgment against plaintiff for
costs.
Lille Wright VS. Frank Wright; divorce.
Decree granted plaintiff and custody of
minor children. Judgment against defend
ant for costs.
Room 3-Vinson Carter, Judge.
Arthur Beard VS. indianapolis Gas Com
pany: damages. Jury return verdict for
plaintiff for $1,000.
First National Bank of Chicago VS. La
fayette Perkins, trustee, ct al; to forecloSe
mortgage. On trial by court.
Circuit Court.
Henry Clay Allen, Judge.
Requsition for Joseph Danko. a fugitive
from justice. Submitted to court on identiti-
cation. Defendant delivered to Daniel G.
Requsition for Daniel Jones, alias Wal
lace, etc, a fugitive from justice. Submit
ted 10 court on ldenuHcatlOn. DEFENDANT
delivered to Daniel G.. Stanton, agent of
Ohio
Charles o. Busie VS.. Fred w. Peck. Dis
missed by plaintiff and judgment against
plaintiff for costs.
f.. Johnson VS. Chicago, Indiana & Louis
willie Railroad. Defendant ruled to answer
Feb. 4
Pat Lanahan VS.. Samuel E. Perkins. Judg-
ment for defendant
j. D. Hamrick,. trustee. VS.. Christian
Wampems; on note. On trial.
Criminal Court.
Fremont Afford, Jdge.
State of Indiana VS.. Charles Gennell: in
corrigibe. Committed to Reform School for
Boys
State of Indiana VS. C. NJ. Willis; surety
ceeding was instituted the plaintiff had no
cause to fear
New Suits Filed.
Birdie e. Moore. by Eli F. Smith, her next
friend, VS. Abram G. Brewer; damages.
Room 2.
Mamma Whatton Joseph Whatton; di-
vorce. Room 2
Charles F. Conroy VS.. Carrie A Conroy;
divorce Room l.
MILFORD Reynolds, by his next friend. VS..
the Cleveland, Cincinnati Chicago & St.
Louis Railway Company; damages. Room 2
Edward Stuckey VS.. John n. Navin ct al;
on note Room 8.
state ex. rel John M. Miller VS. Ben
jamin j. White; for writ of prohibition.
Room l.
Elizabeth S. Walters VS. Stephen Walters;
divorce Room 8.
Kimbal Admitted to Practice.
Judge Allen yesterday admitted William