The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-07
THE COURT RECORD.


1868. Ia Plante VS.. State ex rel. Good
man. Knox Z. G; Affirmed, Jordan, ).
1. In actions by the State on the relation
of the prosecuting attorney to recover penal
ties for failure to list property for taxation,
each years failure constitutes a separate
cause OF action, and ought to be stated IN
separate paragraphs of the complaint, but
the instructions to the jury may confine
their inquiry, under the evidence, to a GER
tain year, so as to disregard inquiry as to
the failure of defendant to list his property
for taxation in other years. 2. And in such
action a copy of defendants tax list or
schedule for the year for which the action
IS prosecuted need not be made exhibit
to the complaint. g. 1t is within the discre-
ton of the trial court to allow amend
ment to the complaint during trial, and when
1t IS not abused nor causes prejudice to the
cause of defendant it is not reversible error.
4: Merely sustaining an objection to ques-
ton propounded to a witness presents
question as to the correctness of the courts
ruling in the absence of an offer of what IS
proposed to be proved by the witness.
Appellate Court.
1854. City of Terre Haute VS.. Pagan.
Vigo c. c. Affirmed. Black. G. J.-Where
trial they should be so presented to the
trial court, and if overruled the action of
the court in ruling on the motion should be
260S Alberts VS.. Baker Huntington c.
c. Affirmed. Henley, il. Errors assigned
on rulings as to the pleadings need not be
on special verdict 2 When a person re-
spends to summons served upon him as
SdfHlSnCe ana makes oral answer admitting
an indebtedness to the defendant in the at
tachment proceedings, the court acquires
such jurisdiction of him so as to enable it
TO render a valid Judgment against him. g.
Fraud is a question of fact and cannot be
presumed or inferred as a matter of law. T.
This court must take the ultimate facts
round by the jury, and cannot draw con-
illusions or differences of fact from them.
25S5 Caylor VS.. Caylor. Hamilton G. c.
Reversed Wiley il. In all contracts or
ton to support them. 2. Where the only
heir of wife is her husband an agreement
by the husband to turn over to a certain
person after the death of his wife certain
properties belonging to such decedent in
payment of an indebtedness due from such
without a consideration. g. A pleading
Will be construed most strongly against the
pleader. 4 GIFTS Gausa morris are not ia
yored in law. 5. To constitute q gift causa
mortis there are three prerequisites, viz:
(a) 1t must be made with a view of the
donors death from present illness. or from
external apprehended peril; OBJ the donor
must die of that ailment or peril; (c) there
must be delivery 6. Delivery to third
cient where there is an actual change of
possession, and, although the donor dies
before the third person delivers the property
to the donee, the gift may be enforced.
Superior Court.
Room ii l.. MeMaster, Judge
Henry Coburn vs.. Margaretha Maar ct
al; mechanics lien. On trial by court.
Room 3-Vinson Carter, Judge
Mary J. Wagner vs.. Rebecca S. Carska-
don ct all to quiet title. Judgment on
special finding that plaintiff take nothing.
Judgment against plaintiff for costs.
Eli j. Scott VS.. Arley r. Murphy; re-
plevin. Dismissed and costs paid.
John w Oliver VS.. Willard w. Hubbard;
breach of contract. Judgment by agreement
against defendant for $780, Judgment
against plaintiff for costs.
Benjamin Madden VS.. p, c., c. e st. l..
Railroad Company; appeal. Dismissed.
Judgment against plaintiff for costs.
Circuit Court.
Henry Clay Allen, Judge.
John Brill, jr., VS.. Margaret Bolen's
Estate. Finding for defendant. Judgment
against claimant for costs.
John B. Geisel VS.. John Stroebels Estate.
Allowed By administrator on appearance
docket
Joseph NJ Berauer VS. John Stroebers
Estate. Allowed by administrator on APP
pearance docket.
Edward Ulery VS.. Lula Ulery; divorce.
Submitted to court Evidence heard in part.
Elmer f. Nichols Company VS.. Henry G.
Mckenzie; on note. Submitted to court.
Evidence heard Finding for plaintiff.
Judgment against defendant for 1923 and