The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-06
THE COURT RECORD.
Supreme Court.


1861. Woolverton VS.. Town of Albany.
Delaware c. G. Affirmed. Monks, G. il.
The creation, enlarging and contraction of
the boundaries of municipal corporations are
legislative and not judicial functions, and
may be exercised by the Legislature with
out the consent and against the remon-
STRANGE of those interested. 2. General laws
providing the conditions upon which cities
and towns may be Incorporated as munich
pal corporations, with or without the con-
sent of those interested. and vesting the
power in judicial bodies to determine
whether such conditions exist, and if so to
order such Incorporation are valid; and the
creation of the corporation in such case is
not the act of the court or other body, but
is the act of the law, with no discretion
in the board of commissioners or the court
of appeal g. The power to contract or
change the boundaries of a city or town is
a legislative power and cannot be exercised
by the courts.
1851. Theme VS.. Zumpe. Tippecanoe c. c.
Reversed. Baker, il. When an item of
a will refers to another item therein, the
two items must be read together 2 An I'M
qualified direction in will to turn over
personally to a legatee is as effectual to pass
title as would be the use of the words give
and bequeath." 3. Where a will directs a
trustee to take charge Of certain personal
properly ana 70 pay 10 a lesatee annually
the net income during her life, the direc-
ton to take charge of the property gives
the right of possession in the trustee and
the direction to the trustee to pay the an
nual net income to the legatee during life
gives only life interest in the property. A.
In an action to recover property where it
is alleged that the defendant claiming to
act under Item 10 of said will (Which is set
out in the complaint) holds said property
ana refuses to deliver the same to PLAINTIFF
is an aVerment Which overcomes general
allegation in the complaint of unlawful pos
session and wrongful detention on the part
of defendant, and renders such complaint
subject TO demurrer.
1915. Barman VS.. Spencer. Grant c. c.
Rehearlng granted.
Appellate Court.
210S. Heyde VS.. Suit Marshall G. c. At
fFmnH ROhinCGn 7 41lo &c
questioned for the first time in the Appel
late Court il will be held sufficient unless
1t appears that some material aVerment is
wholly omitted from the pleading. 2. A
pleading and an exhibit attached are con-
strued together. 3. Where the defects in a
complaint are such as can be supplied by
the evidence they may be cured by
verdict and Judgment when the pleading is
questioned for the first time by an assign
ment OF error in this court when the facts
alleged are sufficient to bar another action
for the same thing. 4. The fact that a
lien covers more land than is necessary to
discharge the lien will not render the lein
Invalid nor make it indefinite.
Wells G. c. Affirmed. Comstock. J-Where
a complaint by an employee against an en-
ployer for damages caused nv falling in q
hole in the ground on defendants premises
shows that there was no road from the tent
at which he boarded to the town to which
ne was directed by his employer to go in
the night time for lodging it is not neces-
Sary Tor him to allege that his employer
told him to take the course he did take in
trying to find his way to the town. 2 Spe-
cial findings in answer to interrogatories
cannot override the general verdict unless
they are not to be reconciled g. 1t is the
duty of a master to keep his premises in a
reasonably safe condition for those who are
rlghtfully there.
Superior Court.
Room II. L. McNTaster Judge.
John c. Enrich VS.. Christian Brown ct
AL al: foreclosure. Finding for plaintiff for
1896 and costs
August Hoffman VS. Christian Ackrel: an
pealed Feller, J. p Judgment by agree
ment for plaintiff against defendant for
possession of real estate and $25 damages
James w. Laporte VS.. William Jared; me-
chanlo's lien. Dismissed and costs paid.
Henry Coburn VS.. Margaretha Maar ct
al; mechanics lien. On trial by court.
Room Flames NJ. feathers, Judge
The Red Clay Orchard Company VS. Jas.
II. Smith. On trial by jury.
Room 3-Vinson Carter, Judge
John w. Williams VS.. Clifton T. Reese;
appeal: Jury instructed TO return verdict
Frederlcn NJ Bauer VS.. Charles M. Rock
ct al bond. Finding and judgment against
defendant for $175 and costs
Samuel A. Harlan VS. Mary A. Scooley ct
al note. Finding and judgment against
defendant for $254.32 and costs.
John ". OllVer VS.. VIM; w. Hubbard;
breach Of contract. On trial by jury.
Circuit Court.
Henry Clay Allen, Judge
Robert Worthington VS. John Treadwell
ct al. foreclosure. Dismissed by plaintiff.
Judgment against defendant Tor costs.
Barbara A. Mcpherson VS.. Daniel r. Nc
Pherson. Defendant defaulted Submitted
to court Evidence heard. Finding for
plaintiff Decree of divorce. Maiden name
Of plaintiff, Barbara A. Thompson restored.
judgment against defendant for costs.
William Sowders VS.. Cyrus J. Clark;
habeas corpus Dismissed by plaintiff.
Judgment against plaintiff for costs.
State VS.. Christian l.. Morris ct al on
forfeited recogniZance. Submitted to court.
Evidence heard. Taken under advisement.
New Suits.
Lille Gordon VS.. Frank NJ Rranthoover
ct al suit to cancel note.
Eliza Johnson vs.. The Chicago, Indian
apolis & Louisville Railway Company; dam
ages. Circuit Court
Kate NJ. Graves VS.. George s. Graves ct
al; action for support Circuit Court.
Katie Stovall VS.. William Stovall; suit for
divorce. Superior Court, Room 8.
Indiana Bond company VS.. Luella p.
Hartley ct al; improvement lien.
Chaplain Life Found Guilty.
COLUMBUS, o.. Jan. 5.-Rev. ]. NJ. Life,
chaplain of the Seventh Ohio Regiment, who
was charged by Miss Rosa Lee Burch,
daughter Of Colonel Burch. with conduct un-
bf.ao M a minister hpap = nv "A