The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-29
HIGH COURT DECISIONS.


Yesterday morning the November term of
the Supreme Court was ormally opened
and fifteen opinions and a numbe of rul-
ings were handed down. A motion was pre-
scented by the attorney general for the
preparation and publication Of the revised
rules of the Supreme Court. The court said
that 1t had been considering the matter
for some time and would shortly order the
publication of a revision of the rules. Judge
Hadley will succeed Judge Jordan. who
served during the May term, as chief JUS
tice.
The first opinion given was in the case
of the International Building and Loan AS
ISOLATION against James A. Wall. Wall bor-
rowed 1900 Of the association, and by the
terms of his mortgage he was to pay al
most equal sums each month as stock dues.
as premiums and as interest. After he had
paid about 800 on each account he rendered
500 to the association and asked to have
the mortgage Cancelled. The Circuit Court
decided that he was entitled to have the
premiums as we'll as the stock dues credited
on his loan. The Supreme Court reversed
this Judgment and held that the premium
paid was not TO be considered as interest,
and that the exacting OF premium and IN
terest, which together exceed s per cent,
does not constitute usury on the part or
such an association.
Nv 'dSC VI AohiC ooAho 0haN
Gronendyke was reversed by the Supreme
Court, which held that a laborer,s lien for
unpaid wages was not destroyed by execu-
ton Of negotiable loans for the unpaid
wages, payable to another. Bradley had
worked in Gronendyke's washing machine
factory without receiving wages until there
was about $1,000 due him. G~ronendyke then
gave him notes payable to his wife and
afterwards transferred all of his property
to certain of his relatives to whom he was
indebted. The defendant in a suit TO recover
set up that Bradley could only recover on
The Supreme Court held that no irregular
ity in an election could defeat the express
will of the people. Allen Ramsey was he'd
to be entitled to the office of trustee Of the
town OF Hanover. Ramsey was a candidate
last year on the Republican ticket, and
though he received two-thirds OF the votes
cast the candidate on the Citizens ticket
was declared elected because there was no
Charles Fred kissel has been set for hear
ing Dec. 10. by the Supreme Court. Kissel
was enjoined by the Hamilton Circuit Court
from operating a saloon and roadhouse
at Capitol avenue and Twenty-ffth street.
The Supreme. Court affirmed the appeal
of the Lake Erie q Western Company from
an order annexing about one mile of its
track to the city OF Alexandria.
The contract by with Paul Schultz traded
his farm in Pulaski county for what he
thought was fourteen lots In a suburb of
Chicago, but which was several miles out
on the prairie, was affirmed yesterday by
the Supreme Court. Schultz was deceived
by a real estate agent, who took him to
see some lots in Chicago. which he said were
the ones he desired TO trade. 1t turned out
afterward that the lots described in the
deeds were several miles away from the
ones he had been shown.
A decision given by the Supreme Court
holds that where the owners Of lots which
abut on a street make a mistake as to the
location OF the property line and build their
houses so that they encroach on the line
of the street, they are liable for an action
entitled to notice before the action is
Of abatement or d nuisance, and are not
brought. Nelson j. Bozarth. of Valparaiso.
built a house that projected over the line
Of the street about six feet, and the Su-
preme Court held that the house ought II
be removed, and txlt Bozarth ought to have
known where the line of the street was
without formal notice.