The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-04-27

of delay TO prepare for trial is involved in
the assignments OF error this court cannot
erection In permitting the amendment Of the
complaint TO be made and an additional
paragraph of complaint filed. 3. A person
has a right to assume that a public side
walk is safe except so far as by the exer-
else of ordinary care he can discover that
ii is dangerous. 4. In deciding a motion for
judgment upon special findings, notwith-
Standln the general verdict, IL Is the duty
of the court 10 indulge every reasonable
dict and none in favor OF the answers to
interrogatories and II the special findings
to the general verdict as TO be rreconcilable
with IL the motion must be overruled. IL
the general verdict and the -interrogatories
m1y both be true under supposable evidence
within the issues there is not such an
tagoniCm as TO warrant the sustaining or
the motion 5. In taking an exception To
Instructions by writing on the margin or at
the close OF each instruction the words "re-
fused and excepted TO" or given and ex-
ceoted to" such MEMORANDUM must be
signed by the judge. 6. The fact that a de-
feet in a sidewalk was not produced by tho
city or with its authority. but by the acts
liability for an injury caused thereby where
II has due notice. active or constructive. or
the defect.
Affirmed. .Comstock, il. Where a mort
gage provides that "the mo~rtgageor ex-
prnessly agree to pay the sum OF money
such as will enable the payee TO maintain
an action for personal judgment On the
ing a foreclosure OF the mortgage, against
the estate of the husband Of the mort
gageor wnen the mortgage was signed by
both the husband and wife. 2 In seeking a
recovery upon a claim against a decedent's
estate upon a note signed by him and his
wife, which note is secured by mortgages
on the land of the wife under Sections A65.
r. s.: 1894. 23lo. r. s. 1851. 1856, r. S. 1s4.
2311, r. S. 1881 and PACT, r s. 1894, 2312, r. s.
1881, the wife need not be made a party
defendant A nQrCnn who nrOQrsrQd n fnan
for a deceased person Is a competent wit
ness to testify to the execution of the note
by the decedent. 4. Unde Section sos, r. s.
1894. a person over ten years OF age at the
time his testimony is offered Is a competent
witness.
Superior Court.
Ro j. l.. McMaster. Judge.
John Ndley VS.. Frank Maus et alt
on acco IN trial by jury.
Rot james NJ. feathers. Judge.
VILLA. King VS.. City Of Indianapolis;
damages. Jury find for the plaintiff and as
sess his damages at $1,000.
Company. Appeal from Clark. J; T: Dvi-
dence heard and finding for defendant.
Judgment against piaintIn Tor COSTS
al: damages. On trial by jury. Jury tnds
for defendant.
Room S-vinson Carter. Judge.
Shelton Margason VS.. Carl @. Fisher
damages. Jury return verdict for plaintiff
for $50.
The Indiana Bond Company vs.. Bmma r.
Stapp; lien, Dismissed by agreement at de-
PENDANTS costs.
| State ex rel. u. s. VS.. Lee Frank Pierce
ct al; bond. On trial by jury.
Circuit Court.
Henry Clay Allen. Judge.
Margaret +. HUFF Ell al. VS.. Catherine J.
Hammond ct al: TO contest Will OF Robert
Roe. On trial by jury.
John T. Bryan, administrator, VS.. Mary
z. Snider ct al; accounting. Judgment on
verdict against PLAINTIFF for costs against
| estate. David j. Hefron, special Judge.
New Suits Filed.
Hannah K. Martin VS.. The Citizens
| Street-railroad Company; damages. SUI
| perior Court, Room 2.
Ellen Lewis We. Charles A Lewis: d.
vorce. Superior Court, Room ].
Henry c. Mceker ct al. VS.. The Hoosier
| Canning Machinery Company: suit on &C
count. Superior Court. Room 2
Sanford =. Secrist VS.. Amelia Frunzrnan:
mechanics lien. Superior Court, Room 3.
Indianapolis Brewing Company VS.. Philip
Weser ct al; suit on note. Superior Court.
| Room 1.
Isabelle Scott VS.. Thomas Scott: suit for
divorce. Circuit Court.
Van Camp Hardward and Iron Company
VS.. Mary ]. Catlin: suit on account. Su-
perior Court. Room 3.
mechanics lien. Superior Court, Room l.