The Indianapolis journal., 1899-12-22

1S747. United States Savings and Loan
Company VS.. First Methodist Church.
Grant 8. G. Reversed. Monks, 1.-THE act
of 1893 requiring certain things to be done
by foreign building association to entitle
1t to do business in the State of Indiana
does not apply to contracts entered into
before that act took effect.
1882. Gallup VS.. Schmidt Marion C. C..
Rehearing granted.
APPELLATE COURT.
2991 East Chicago, ETC., Company VS..
Siny. Lake s. G. Dismissed Comstock,
1.-THE record must be certified over the
signature Of the clerk Of the trial court to
endi1ie 1eIl & II TO consideration % on appeal
Delaware c. c. Affirmed. Black, il
Merely slight injury to the water of a
natural stream by pollution which results
from a reasonable use Of 1t is not action
able. but pollution which substantially i'm
pairs it's value for the ordinary uses Of life
or renders 1t to a measurable degree unfit
for domestic purposes, or which, by caus-
ing offensive or unwholesome odors or
vapors to arise, or impairs the comfortable
or the beneficial enjoyment of property in
its vicinity is a nuisance, and as such is
actionable. 2 Where the maintenance of a
nuisance is a positive aggressive wrong. in
ages the question of his negligence is not
involved. 8. The necessary results Of con-
Quoting lawful business may constitute a
nuisance, and there may be a recovery Of
damages 10 tne extent OF tno sensible In
jury caused thereby. 4. Whatever is in
furious to health or indecent or offensive
to the senses or an obstruction to the free
use OF property so as essentially to inter-
fere with the comfortable enjoyment Of life
property is nuisance and the subject
Of an action which may be brought by any
person whose property is injuriously af-
fected or whose personal enjoyment Is
lessened by the nuisance.
SUPERIOR COURT.
Room flames NJ. Leathers. Judge.
William o. Mckinney VS.. The Citizens
dence concluded. Argument partly heard
and continued.
Room 3-Vinson Carter, Judge.
James w. Haughey VS.. David w. Dun
can: note Plaintiff defaulted. Cause dis
missed for want of prosecution. Judgment
against plaintiff for costs.
Everett L. Smith VS.. Amelia Smith; di-
vorce. Granted plaintiff with custody of
children. Judgment against plaintin for
costs
Indiana Bond Company VS.. Catharine
Prinz ct al; lien. Dismissed by plaintiff.
Judgment against plaintiff for costs.
Indiana Bond Company VS.. Clarence w.
Judgment against plaintiff for costs.
Indiana Bond Company VS.. James z.
Brown ct al; lien. Dismissed by plaintiff.
Judgment against plaintiff for costs.
Kate Dirk VS.. Herman Fritz ct al; ap-
peal. Finding for plaintiff against defend
ant Herman Fritz for Sc and costs. Find
ing in favor of Brown-Ketcham Iron
Works Company. Judgment against plaint-
if for costs as to Brown-Ketcham Iron
Works Company.
City of Indianapolis VS.. Miller Elliott;
appeal Cause dismissed at cost Of defend
ant in this court.
CIRCUIT COURT.
Henry Clay Allen. Judge
Kingan & Co., Limited, VS.. William F.
Silvers. New trial ordered by Supreme
Court. Settled, dismissed and costs paid.
Charles N. Elliott VS.. John F. Geckler;
election contest. Trial resumed Evidence
continued.
NEW SUITS FILED
James NJ. Hamilton VS.. The Pittsburg
Cincinnati, Chicago & st. Louis Railway
Company; damages. Superior Court
Room g
Mary l.. Hoffman VS.. Joseph P. Hoffman;
suit for divorce. Superior Court. Room l.
Harry Lindsay VS.. Augustus D. Wilmoth.
suit for receiver. Superior Court, Room @