The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-16
THE COURT RECORD.
Supreme Court.

1888. Jones VS.. State ex rel. Wilson.
Jefferson c. q. Affirmed. Hadley, il. In
an information under Section ll4o Burns.
X. S. 1894, TO determine the title TO the office
of a town trustee, where the pleading on
the part of the relator alleges that he was
eligible to be elected and to hold the office
of trustee such averment is one of fact,
and 1t is not necessary to plead the evil
dentiary facts constituting the eligibility of
the reiatOr 2. 1t is not available error TO
strike out of a special answer alleged facts
which are admissible under a general denial
which is already pleaded. 8. The purpose or
all election laws is TO secure the electors
slection of public servants, and irregulari-
ties on the part of election officers not
going to the time or place, or other vital
matters of election, or their omission of acts
not declared to be essential to the validity
of the election are to be held directory only
in support of the voters right to have his
ballot counted as cast. 4. The absence of a
party emblem from ticket to be voted on
at an election will not vitiate the ballot
when It's absence cannot mlSiead the voter
or injure the contesting opponent.
1926. Island Coal Company VS.. Sherwood
Sullivan c. c. Petition for rehearing over
ruled.
1927. Moore VS.. Hinshaw. Hamilton c. c.
Reversed. Wiley, J.-Where an agreement
is made that notes shall be executed bear
ing per cent. interest, and the principal
and surety sign them in blank as to the
rate of interest the rate of interest cannot
be inserted in the notes in conformity with
edege and consent of the surety and make
the contract binding upon him.
Cormick De KaIb c. c. Reversed Robin
son. il. 1t is within the discretion of the
trial court to allow a complaint to be
amended. 2. Under the code the rules of
the common law do not control in any case
where complete provision is made by
statute. 3. Before trial plaintiff may be-
come nonsuit as matter of right; after
the trial has begun and before verdict leave
to become norsuit is in the discretion of the
court, and after verdict there can be no
nonsuit: Under the. code court has no
A motion by plaintiff for d nonsuit is a
dismissal. 5. The withdrawal of juror
stops his case by withdrawing a jury the
defendant is not entitled to a judgment be-
cause of such withdrawal. The only judg-
ment that can be rendered is one of nom
suit or dismissal. 6. The code does not
recognize any practice that would permit
either party at any stage OF the trial with
out showing cause to continue the case by
Withdrawing a juror.
800 Wayne etc Association VS. Aks-
preme Court granted.
1924. Kokomo etc, Railway Company VS..
p. c., c. G. st. l.. Railway Company. How
ard c. c. Motion to dismiss appeal post
poned until final hearing.
1921. OCrawley VS.. Owen. Madison S. G.
Transferred to Supreme Court.
Superior Court.
Room John L. McMaster, Judge.
Indiana Mutual Building and Loan Asso-
citation VS. Catherine Stewart; suit TO quiet
title. Jury out.
Room flames M. feathers, Judge
Consolidated Paint and Oil Company vs.
William A: Van Buren, ct al; mechanics
lien Dismissed and costs paid.
Home Brewing Company VS.. Valentine
Fahrbach; note. Submitted to court. Evil
dence heard. Finding and judgment against
defendant for 1882. Foreclosure and sale
Jacob E. Mann VS.. William A. Van Buren,
ct al; mechanics lien. Dismissed ana costs
paid.
Chester Bradford VS.. C. & A. Potts G. Co.
attorneys fees. Dismissed at plaintiff
Terre Haute Brewing Company VS.. Frank
l.. Glass ct AL; replevin. Defendant de-
erty of $500 in value be returned to plaintiff
Oliver NJ. Henry VS.. VIM. II. Harris; dam.
ages. On trial by jury. Further evidence
Daisy Starr VS. l. C. Starr: divorce De.
cree granted plaintiff. Judgment against
defendant for costs.
Room 3--Vinson Carter. Judge.
Indiana Bond Company VS.. Western Loar
ment on verdict that plaintiff is owner OF
! property in controversy. Judgment fol
plaintiff for p cents and costs;
| Judgment on verdict for defendant against
| plaintiff for costs.
Circuit Court.
Henry Clay Allen. Judge.
Philip Marer va. William Wambaugh's Es
| tate: claim for $3.50 Continued for argu
ment
| Fora =. Perigo VS.. Oscar T. Pergo; di
vorce. Defendant defaulted. Submitted IL
| court. Evidence heard. Finding for plain
| tiff Decree Of divorce. Plaintiffs nader
name. Fora Il. Padgett, restored. judgment
against defendant for costs.
| Indianapolis Brewing Company VS.. VIII
| liam Wambaughs Estate; claim for S2s2. 50
Submitted to court. Evidence heard in part
John L. Reardon VS.. William Wambaugh!
| Estate; claim for 800. Submitted TO court
! Evidence heard. Finding for defendant
| Judgment against claimant for costs
New Suits Filed.
| Christine Rodenbeck ct al VS.. John F
| ROdenbeck ct al. partition. Circuit Court.
| Johanna Brennan VS.. John Brennan ct al.
| suit to quiet title. Circuit Court.
| Martin Faul VS.. Oren Green ct al; suit OIL
| notes. Superior Court, Room B.
| Minnie Habig VS.. William +. HabZ; sui
| for divorce Superior Court, Room 3.
I Hattie RhoadeS VS.. James Rhoades ct al.
| support. Superior Court, Room =.
| Louis NJ. Howe VS.. The Economic Powe
| Company; attachment. Superior Court
| Room /.
| Frank c. Ferguson VS.. Traders and Trav
| elers' Accident Company of New York; sui
on policy. Superior Court, Room ].