The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-17
THE COURT RECORD.
Supreme Court.

THE COURT RECORD.
Supreme Court.
1861. In re. Bank of Commerce VS.. wiltsie
Marion G. G. Petition for rehearing over
ruled. Baker, 1.-THE failure to present ar
gument in support of certain contention I'M
sentiment Of any such question or petition
for rehearing.
1912 Preston vs. Bosworth. Madison S.
G. Reversed. Baker, J.-Where a condition
in regular warranty deed to real estate
was as follows: This conveyance is made
operate well thereon for medicinal water.
gas or oil and if said we'll shall be at any
time abandoned, the title shall at once re-
vert to and rest in the grantorS, as hereto
fore held by them; and as long as eaid well
shall be used the grantors shall have the
privilege of taking water therefrom for the
oil or gas therefrom." breach of the con-
dition may be waived, and is not self-oper
atiye to diyest the grantees title. and in
when not waived it must be made the
casion Of re-entry and enforcement Of the
1871. Pattison VS.. West. Pulaski c. c.
Affirmed. Monks ITO entitle the wife to
the benefit of Section 2sse. Burnss r. S.,
judicial sale must be the title of the hus-
band.
| ferred to Appellate Court.
Appellate Court.
| 1907. Kahn vs. Gavit Lake c. C. AZ
| firmed. Henley, il. Only when the COM
| plant does not state facts sufficient to con-
stitute a cause of action can 1t be tested for
the first time upon appeal. 2. Specified error
may be waived by failure to discuss 1t. 3.
An assignment of a judgment will vest an
equitable title in the assignee, and the as
signee thereby becomes the real party in in
| terest in any proceedings which may be
| commenced for the collection or protection
| Of the judgment, and a replevin bond exc
| cuted to the sheriff for property levied upon
| under an execution issued upon such judg-
| meDt is for the benefit of such assignee,
| and he can maintain an action thereon with
out having the sheriff joined as a party
plaintiff.
2Ss9. State ex rel. Goodhue vs. Burkam.
| Dearborn c. G. Reversed. Comstock. c. j.
| I. The approval OF the court of the final re-
port Of an administrator and his discharge
book of the court has the force and effect
Of a final Judgment. and cannot be collat-
Without notice g. Where an administrator
| of an estate is also acting as guardian of
Gre Of the beneficiaries of the estate the
guardian cannot, on behalf Of his ward, ap-
prove his own report as administrator. and
in such case It is the duty of the court TO
appoint a guardian ad Item to look to the
1861. National Bank VS.. Nicely. Randolph
| c. c. Affirmed. Black, il. Where an
paragraphs as a whole and demurrers to the
answers were overruled. and the answers
were sufficient against the first paragraph
of complaint. 1t will be presumed that they
were sufficient against the second para
| graph of complaint, which is not in the rec
ord. 2. Without an affirmative showing OF
error this court cannot overthrow the deci.
sion of the trial court. 3. This court must
know exactly what questions of fact were
on trial to enable Ii to satisfactorily pass
upon the evidence or the instructions to the
jury.
Superior Court.
Room John L. McMaster Judge
| Indiana Mutual Building and Loan Asso-
citation VS.. Catherine Stewart; suit to quiet
title. Jury returned verdict for plaintiff
that it is entitled to the possession of the
Max Bitter VS.. German Life Insurance
| Company. On trial by jury.
Room Flames NJ. feathers, Judge.
James Maxley ct al. VS.. James L. Bar
nett ct al; replevin. Dismissed at plain
Oliver Henry VS.. VIM. H. Harris: dam.
ages. Argument concluded. Jury instructed
and retire.
Room 3-vinson Carter, Judge.
| George Pace VS.. Sarah A Pace; divorce
Finding for defendant. Judgment agains;
plaintiff for costs.
Jennette Cummins VS.. VIM P. Cummins
support. Dismissed for want of prosecution
Judgment against plaintiff for costs.
M. d. Wiley vs.. w. NJ. Gerard ct al.
note. Finding and Judgment against defend.
ant for Sl15.37 and costs.
Criminal Court.
Fremont Afford, Judge.
State of Indiana VS.. Henry Whitney; as
sault and battery with intent to kill. Jur,
returned. verdict of guilty. Defendant
eighteen years of age; Judgment reserved.
State Of Indiana VS. George Brown granC
larceny. Defendant withdrew his former
plea of not guilty and pleaded guilty t
petit larceny. Defendant nineteen years o.
age; fined 81 and sentenced to the Indians
Reformatory for from one to three years
Circuit Court.
Henry Clay Allen, Judge
Indianapolis Brewing Company VS.. viii.
liam Wambaughs Estate. Finding TO,
is surety for Jos. Wambaugh. Judgment &C.
cordingy against both defendants for 1906. Il
and costs.
Company; receivership. Petition of Elliot,
& Elliott and Ayres q Jones submitted tc
court and allowed for 5000 in full for serv.
Grinsteiner Bros. VS.. William VAN.
baugh,s Estate: claim for slsS.5O. Allowed
for $50 80. of which $3.50 is preferred a.
costs of estate.
Jennie Alger VS.. William wambaugh'.
Estate. Allowed for sl.442. at cost of estate
| Philip Maur vs. William Wambaugh's Fs
tate. Arguments heard. Finding for claim
ant. Allowed for $500 and costs agains
| estate.
Mary Ludarack vs. Jonathan Frankem,,
Estate: claim for $3.50. Judgment on YER
dict for s46s and costs against estate
NJ. j. OConnor VS.. Katie Fisher. From
justice of peace. Defendant dismisses ap
Sarah L. Campbell vs. Thomas Gallagher
SANDER Dismissed by plaintiff Judgmen
against plaintiff for costs.
New Suits Filed.
Leona Bradrich VS.. Oliver Stuckwisch o.
al: demand forfeited bond. Circus
| Court
| Charles Brooks vs. Brown X tcham jror
works: damages. Superior Court, Room 3
Anna b. Schwabacher W.. John B
Schwabacher; divorce. Circuit Court
Lizzie Mccoy vs.. Erwin r. Mccoy: d.
vorce. Superior Court, Room 2.
Ida NJ. Watson vs.. Estes ID. Watson: di
vorce. Circuit Court.
, Maggie Meyers VS.. Peter Meyers: divorce
Superior Court, Room 1.
Myrtle Il. Frank VS.. Louis w. Frank
divorce. Superior Court. Room B.