The Indianapolis journal., 1899-11-15
THE COURT RECORD.
Supreme Court.

Supreme Court.
1882 American Varnish Company VS..
Reed Elkhart c. G, Affirmed Monks, j.
l In an action to set aside a conveyance as
fraudulent the burden Is on the plaintiff to
establish the fraud of the defendants as
complained of. 2. And such fraud Is a
but must be proven. 8. When the facts or
a case are consistent with either honesty
and good faith or dishonesty and bad faith
the presumption of honesty and good faith
will prevail. 4. The inference TO be drawn
from facts and circumstances surrounding
transacton Is question for the trial court
and not for this court, unless, perhaps, they
are such that only one inference can be
drawn. s. Badges of fraud are merely evil
dence Of fraud.
1865. Oats vs State Of Indiana. Hunt
paper is considered fied when it is delivered
to the proper officer and by him received for
dorsed thereon is merely evidence of the
filing. q The court may cause to be COR
rected the file mark on an affidavit SO as to
delivered to the clerk I for fling. % g. In a an ap-
peal In a State case where the ruling of the
court on q motion is assigned as error in
the motion, the ruling Of the court thereon
the executions thereto and the affidayits in
support of the motion must be made a part
of the record by bill of exceptions. 4. In
order for Judgment to be reversed on ac-
count of TIE variance of the evidence the
variance must be a substantial one as might
mislead the defense or expose the defendant
to the peril of being put twice in jeopardy
Tor the same OffenSe.
1905 G.. G.. c. & St L. Ry. Co. VS..
Foode. Marion 9. c.. Dismissed.
1sO6s Ellison VS. Braustrator Wells c. c.
Motion 10 set aside dismissal of petition for
rehearing overruled.
1850 Heaston vs.. Board of Commission
ers. Huntington c. c. Petition for rehear-
ing overruled.
Appellate Court.
2sS5. Holt VS. Sweetzer. Clay G.. G. Re-
yersed. Henley. J.-Where the payee of a
note signs the same after the name of the
corporation and attaches the word Pres"
to his signature and afterwards indorses the
same without recourse" such signature
and Endorsement are sufficient to put an in
dorsee upon inquiry as to the facts and cir
cumstances attending the execution of the
note and raises such ambiguity that the
person so signing the note may prove by
parol evidence his liability thereon
S165. Loucks VS.. Taylor. Porter c. c. Af-
firmed. Comstock. G. jim an action to re-
cover damages for false and fraudulent
representation made by defendant to plain
tiff in sale of real estate from the former
to the latter, which real estate was in
numbered by building association mort
gage, and the complaint alleged that the
defendant represented that all the loan had
been paid except stated amount. payable
in instalments. and that the association had
represented to defendant that the loan would
ments; that he had paid thirty-six install
ments and that only thrty-six instar-
men's remained to be paid, that all of said
statements We're false and known to be
false by defendant at the time he made
them; and that at the time of the making
socation represented TO him that" that the en stock
would not mature in less than eighty-four
months. sucn statements alleged were state
ments "of fact"
1884. Harrod VS.. State ex rel Meloy
Scott c. c: Affirmed. Black, il. Where
a pleading is founded on a contract and ii
is not shown by the pleading whether or not
writing u ha ,ad To bax
been parol contract. 2. Where two or
more alleged reasons for a new trial are
assigned jointly. or in gross. in the motion
as one of the causes for new trial all
such reasons must be good or such assign
ment of cause will not be available on an
peal. 3 Where 1t is assigned as a cause in
a motion for a new trial that the court
specified by their numbers. such specifica.
ton will not be available unless all such
instructions are erroneous.
Dismissed
s1ss, Ayres VS.. Burton. Howard c. c.
2SA. Northwestern. etc. Association VS..
Mcpherson. Fulton c. c. Petition for re-
nearing overruled
Superior Court.
Room John L. McMaster, Judge.
Indiana Mutual Building and Loan Asso-
title. On trial by jury.
Room 2-James NJ. Leathers, Judge.
Oliver M. Henry vs William II. Harris;
damages. On trial by jury.
Room 3-Vinson Carter, Judge
Nellie Long VS.. Christopher c. Long: di-
Vorce. Finding for defendant and judgment
against plaintiff for costs.
Patrick Hayes VS.. Eugene Sheehan ct al /;
appeal. Plaintiff defaulted for failure to ap-
pear at trial. Dismissed and judgment
against plaintiff for cost Of appeal.
Indiana Koerner VS.. Charles WhiteseIl ct
al; appeal. Dismissed and judgment against
plaintiff for costs.
Leopold Rauh ct al vs. Christian F.
Waterman; bond. On trial by court.
Criminal Court.
Fremont Afford, Judge.
The State OF Indiana VS.. John Hughes:
forgery and uttering forged paper. Plea of
guilty TO second count of the Indictment:
the workhcuse for six months and fined $40.
The State of Indiana VS.. Tuxiana Gaines:
petit larceny. Judgment or former plea of
guilty; fined 81 and sentenced TO the women's
prison for from one to three years.
The State of Indiana William Walters:
entering house TO commit felony. Judgment
on former plea OF guilty; sentenced to the
Indiana Reformatory for from two 10 four
teen years
The State Of Indiana VS. Charles Myers
and James McDaniels: robbery. Defendants
Withdrew their former plea OF not guilty and
pleaded guilty; Myers nineteen years old,
fined 81 and sentenced 10 the In
diana Reformatory for from one TO three
years; McDaniels fined 81 and sentenced to
the State prison for from one to three years.
Circuit Court.
Henry Clay Allen, Judge.
Agnes G.. Patterson ct al VS.. Northwest
ern Underwriters et al: on insurance policy.
ard Judgment against plaintiff for costs
William r. Atkinson VS.. Sewell r. Webb's