The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-07
THE COURT RECORD.


THE COUNTY RECORD.
Supreme Court.
1854. Snyder VS.. Portland, etc, Oil Com
pany. Randolph c. c. Reversed. Jordan, e.
il Where a quasi-public corporation has
failed in the discharge of its corporate
duties by uniting with others in carrying
out an agreement, the performance Of which
Is detrimental or injurious to the puDlic,
and forfeits its right to longer exercise its
franchises and is subject to a Judgment OF
custer. q Quo warranto proceedings Is the
proper remedy for the abuse by corpora
ton of the powers with which il has been
vested. 3. An act which destroys COMPETE
ton even relaxes IL. upon the part of
those who sustain relations TO the public,
is injurious TO public interests and is un-
lawful.
1896 Smith vs. Barber. Boone c. c. Re
versed In part and affirmed In part Hadley,
il. Where property for the construction
of manufacturing plant is sold and placed
in its position upon the condition that the
title is to remain in the seller until II is
paid for. upon the default of the vendee
to pay the purchase price according 20 the
agreement the vendor may retake the prop
erty or treat the sale as absolute and sue
for the price. 2. Where a party prevents
the performance Of test of machinery as
required under his contract of purchase he
valves the right to require such perform
ance.
1879. Loucks VS.. Taylor. Porter c. G.
Transferred to Appellate Court.
1873. Aetna Life Insurance Company VS.:
issued.
1851. Osborn VS.. Maxinkuckee. etc. Com
pany. Starke c. c. Motion to dismiss post
1885. Clinton VS.. State of Indiana. Monroe
C.. G. Certiorari granted and issued.
1882. Hendricks VS.. Robins. Clinton c. G.
hearing.
1856. Busget VS.. Merritt Clinton c. C.
Petitions to withdraw separate motions to
dismiss granted.
Appellate Court.
1885. Citizens Street-railroad Company vs..
Cooper. Marion 8. G. Reversed. Wiley, il
The relation of mother and child cannot
be created by parent giving an infant TO
be her child" 2. BY birth or by adoption
the only ways by which woman can
become mother OF a child in legal con-
temptation. g. The. right Of action for the
wrongful killing of a person is given by
statute 4. Under the statute a parent can
maintain an action for the injury or death
to recover damages for the death of a
human being he must bring himself clearly
within the terms of the statute.
2S20. Zehner VS.. Johnston. Jay C.. c. At
frmed. Henley, il. Where a general de-
NAL is pleaded in answer to a complaint
and all the evidence is admissible under
that issue, the overruling of demurrer to a
special answer is harmless 2 Where the
facts were not specially found by the trial
court and there is any evidence to sustain
the judgment 1t will not be reversed on APP
peal. 3. The lien of a mechanic. under the
statute, relates to the time when the work
for which the lien is claimed commenced, or
to when the first material for which the
lien Is claimed was furnished.
1854. Watkins vs.. Lewis. Montgomery G.
c. Transferred to Supreme Court.
29T. Western Assurance Company VS.. Nc
granted
Superior Court.
Room flames NJ. Leathers Judge.
David Fessler. vs. Leon p. and Mary Cor
- Lfx.1t x.r
judgment against defendants for $342 80
without relief, and costs.
Union Trust Company, receiver Of the
Mutual Life Insurance Company of Indiana,
VS.. William r. and Florence Myers; con-
version. Dismissed at PLAINTIFFS cost.
Benedict Banworth VS. Louis Mueller; to
quiet title Trial by jury. Hon. James z.
Mccullough special Judge.
Room 3-vinson Carter, Judge.
Christine L. f. Morris VS.. Francis G..
Clark ct al; appeal. Taken under advise
ment.
Circuit Court.
Henry Clay Allen. Judge.
Esther A. Lovett VS.. Mary Toln's Estate
Submitted to court and allowed for sS7.79
and costs.
Amanda Scott vs. Mary Tolin's Estate.
Submitted to court Evidence heard Find
ing for claimant and allowed for $42 Al. and
costs against estate.
Submitted to court by agreement. Evidence
heard. Finding for claimant and allowed
for $2027, and costs against estate.
Malissa RabOrn VS.. Mary Tolin's Estate.
Submitted to court by agreement. Evidence
heard. Finding for claimant and allowed
for us, and costs against estate.
David Fessler VS.. Leon z. Cornett ct al. |:
on note. Defendants defaulted. Submitted
to court. Evidence heard. Finding for
plaintiff. Judgment against defendants for
$22S.15 and costs
Ella X Furnas VS.. George Brown ct al. !:
injunction Submitted to court Evidence
heard.
State ex rel Emma F. Scholler VS.. Charles
Scholer; fraudulent marriage. Submitted to
court. Evidence heard.
New Suits Filed.
Lenna ". Keltner VS.. Samuel c. Kelt-
ner: divorce Superior Court, Room 2
Alfred Banks ct al VS.. Mary Teller; dam
ages Superior Court, Room 1.
Ida Nj. Neville VS.. William II. Neville;
suit for divorce. Circuit Court.
Lizelda Morris VS.. Coval Morris; suit for
divorce Superior Court, Room 3
suit to quiet title Circuit Court.
Schuyler A Haas VS. Allen w. Hewitt;
suit on note. Superior Court. Room 2.
Schuyler A. Haas VS.. David Earhart ct al. !;
suit on note Superior Court, Room g.
The Arsenal Building and Loan Associa-
ton VS.. Nancy P. Beville ct al; mortgage.
Circuit Court.
Capital National Bank vs. William H.
Baumgartner ct al; suit on note. Superior
Court, Room j.
Elizabeth Hunt VS.. Fairfax Hunt: divorce
Circuit Court
William w. Pressly & Co. VS.. William
l. z. McFadden: mechanics lien. Superior
Court, Room 2