The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-03-18
THE COURT RECORD.
Supreme Court.

1858 Jones VS.. the State of Indiana Ohio
c. c. Affirmed. Bowling. il. The filing
or motions for leave to summon witnesses
and for change or venue and the proceedings
OF the court on such motions are preliminary
to the trial. and not parts Of it. 2. De-
PENDANTS Jointly indicted have the right TO
demand separate trials. but neither the COM
mon law nor the statute gives the right 10
joint trial; the court of its own motion
may suggest separate trials when Justice de-
mands ii. 3. Under r. S. 1851, Sec IN, it
is discretionary with the trial court to grant
or deny motion for change of venue IN
a criminal case where the punishment that
may be inflicted is less than death. 4. Where
a new trial is asked on account of the mis-
conduct of the jury and the statement of
the facts in connection Herewith is vague
and indefinite the court will be justified in
overruling the motion for new trial when
the counter-atfldavits show that the conduct
of the jury was not irregular and was un-
1867. Kline VS. Board of Commissioners.
Huntington c. c. Petition for rehearing
1S714. Ellis VS.. State of Indiana. Putnam
c. c. Petition for rehearing overruled.
Appellate Court.
2770. Shrum VS.. Naugle. Washington c.
c. Affirmed Henry, il. Where a widow
applies for appointment as Administrative
of her deceased husbands estate 1t is dis
cretiCnary with the court in deciding whether
or not 10 appoint a coadministr2 tor. 2. The
statute stating the order in which letters Of
administration shall be granted is manda-
tory, and where the person entitled. by pref
erence, applies within the required time,
and is qualified. the court has 70 discretion
to refuse his request.
2769 Babcock VS.. Johnson. Jasper c. C.
Dismissed. Comstock, J.-Where the estab-
the cause will be dismissed-dismissed for
failure 10 observe Rules 20 and 80.
Superior Court.
Room John l.. McMaster Judge.
Fred Pearson vs.. George w. Bone; me-
chanic's lien. On trial by court.
oil fol aNf
Dismissed at plaintiffs cost.
Room FLAMES NJ. feathers, Judge.
Daniel Foley VS.. New Telephone Com
pany; advancement and account. Evidence
heard. on trial by jury.
Room 3-Vinson Carter. Judge.
su MG for jury FetHrn
dict for plaintiff for $5.25.
Circuit Court.
Henry Clay Allen Judge.
Lille c. Sigelen. Administrative. VS.. John
Beiswanger; for receiver. Submitted to
plaintiff and Henry X. Martin appointed re-
ceiver and filed bond I'm the sum of 81 goo
with Indiana Trust Company surety APP
proved.
Charles Zahl naturalized.
Samuel T. Hook et al. VS.. John NJ. Hook
et al: partition and TO quiet title. Trial re-
sumed. Evidence concluded and case taken
under advisement.
Lizzie ~ Buchanan VS.. David A Buchan-
all submitted 10 GNlutIiCt
and finding for plaintiff decree of divorce.
Judgment against defendant for costs.
Criminal Court.
Fremont Afford, Judge.
The State OF Indiana VS.. Thomas Bristow /;
assault and battery. Appeal from City Po-
| lice Court. Defendant pleaded not guilty.
Tried by jury. Verdict OF guilty. Fined So.
| Sentenced 10 the workhOuse for thirty days.
New Suits Filed.
William Nandivier VS.. Thomas j. and
| Clara A Meyers; foreclosure of mortgages.
| Room 3. Superior Court.
William T.. Barber vs.. Anna NJ. Gillette;
| foreclosure of mechanics lien. Room 2 SUI
| perior Court
/ indianapolis Brewing Company VS.. Chaun-
| cey III. Hawley; foreclosure of mortgage.
| Room ., Superior Court.