The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-03
Appellate Court.

SlueWdlhS.
Appellate Court.
1884 Drake VS.. Grant. Marion S. C. Af-
firmed. Comstock, il. A diagram of the
location of a lot cannot be made part of
a complaint, to foreclose a lien on such lot,
by way of an exhibit when such diagram
and exhibit is not the foundation of the
action. ?. Where a property owner in the
city of Indianapolis has not signed any
waiver or exercised or claimed the option of
paying public improvement assessments in
installments, in an answer to a complaint
seeking to forecose an assessment he may
attack the amount thereof as not being
charged against such property exclusively.
2725 Town of Thorntown VS.. Fugate.
Boone c. c. Affirmed. Henley, il A
municipal corporation is liable for damages
to a property owner when it collects sur
face water and discharges it upon such per-
sons land, causing injury thereto. 2 This
court will take judicial notice that appellant
is an incorporated town, and where public
work was done under the supervision of IT'S
marshal and accepted by appellant, it is
sufficient to show that the work was done
by the order and under the authority of APP
pellant.
Curless. Upton c. c. Reversed Robinson,
il The intention of the parties to an in
strument as gathered from the whole Of
the latter, must determine its character. 2.
The fact that the word lease is used in
an instrument does not necessarily deter
mine the character of such instrument. 8.
A lease for years must have a certain de-
termination. 4. A tenancy from year to year
exists when the premises are occupied With
the assent of the landlord, without any
agreement as to the duration of the term
and such tenancy may be terminated at the
end of any year without giving notice to the
landlord. s. Where land is leased, all rights
not granted remain in the landowner. g..
Where land is granted for particular pur-
pose no title is vested in the lessee until he
takes possession. thereof, except the mere
2T09. Frick VS. Barritt. Morgan C. c..
Petition for rehearing overruled.
Superior Court.
Room III. L. McMaster, Judge.
Edward Fuller VS.. State Board of Agri-
culture; damages. Jury finds for defendant.
Albert Buchanan VS.. Zelica A. White; APP
pealed from Hay, ]. p. On trial by jury.
Room 2-James NJ. feathers, Judge.
Robert f. Ford VS.. c., c., G. & St L.
Railway Company: damages. Jury find for
plaintiff and assess his damages at 5000.
The Il. w. Rose Company VS. John f..
kortpeter; on note. Finding and judgment
against defendant for $l7o without relief, and
costs.
Chicago Tip and Tire Company VS. Chris
tian SchraGer: contract On trial by court.
Circuit Court.
Henry Clay Allen, Judge.
Otis n. Baker VS.. Elizabeth NJ. Weile-
mans estate. Allowed by administrator for
1874 and costs against estate.
Timothy G. Fell vs.. Frank A. Beck; APP
peal from J p. Dismissed by plaintiff.
Isaac -. Lennon VS.. Anna NJ. Sutton ct
al. foreclosure. Dismissed and costs paid.
Criminal Court.
Fremont Afford. Judge.
Florida Phillips: murder. Jury returns a
verdict of manslaughter, fixing punishment
at imprisonment in Reformatory two years.
New Suits Filed.
Charles A. Harmenng VS.. Ida NJ. Harmon
ing; divorce. Room /.
Indiana Bond Company VS.. Martha s.
Brown ct AL; on Improvement lien. Room 2.
George S. Graves VS.. Kate NJ. Graves; d.
yofce. Room 8
James Jordan vs.. Ann f. Wood: on me-
CHANCES lien. Room g.
William r. Smith and Elvira nj. Smith VS..
Mark A. Smith and Cordelia Smith; to quiet
title. Room 1.