The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-05-10

4ocot. W 4iildUiS vs.. h1CQdTQS. MaIlOQ -. y.
Dismissed: Baker. il Where an appeal
Is taken from a decree wherein a receiver
L appointed, and the business Is continued
as a going concern. the appeal will be dis
missed when the appellant accepts and re-
ceipts the receiver for profits derived from
the business after the appeal is taken and
during the receivership. 2. Where an appeal
is taken from a decree as an entirety appel
lants cannot act upon part and resist the
residue.
1902. Prescott VS.. Haughey. Marion S. C.
Petition for rehearing overruled per curtain.
II is within the discretion of the trial court
Joint and separatei but the failure 70 exer,
else such discretion Is not open TO review
upon appeal
Street-railroad Company. Hamilton c.. c..
1875. Citizens street-railroad Company
VS.. City OF indianapolis. Marion c. Z. Dis
missed.
iss22. p, C.. c. & st. L. Railway Com
pany VS.. Griffin. Cass c. c. Reversed on
1862. Goodrich vs.. StrangIand. Noble c. c.
Motion to dismiss postponed until final
hearing.
Appellate Court.
2s24. Harrod VS.. State ex rel. w. II. Me-
low. Scott c. c. Dismissed. Per Curiam--
Rule 30 of this court requires marginal
notes to be placed on the transcript in the
parts of the pleadings in the causes. the ex-
hibits II any. the orders of the court and
IS t1V set q" out bv ed enoHtt,on or etberwise' the
- - w. ~ VI Veth~ - -
names Of the witnesses shall be stated in
the margin The appellant shall also note
on the margin all motions and rulings there
In" and on failure TO comply with said rule
the cause. will be dismissed.
2S33. Island Coal Company VS.. Rehling.
Hamilton c. c. Affirmed. Wiley. i'll.
Where an instruction does not cover the
whole case but clearly and correctly states
the law as far as 1t goes, ii Is not objection
able. 2 The mere fact that a debtor Is in
failing circumstances and prefers one credi-
tor over another by conveying him property
by deed or mortgage will not of itself justify
required by law TO make a public announce
ment when he leaves the State nor when he
will return, and the fact that he does leave
the State for six days and then returns and
does not make a public announcement OF his
outgoing and incoming, when standing
alone. will not sustain a charge of fraud.
2112. Garrigus VS.. Board of Commission
ers. Howard s. c. Dismissed. Henley, j.
When a cause originated in the Howard
Circuit Court and was transferred TO the
Howard Superior Court by the courts own
motion and the appeal is from the latter
courts decision the record Is fatally defect
i've and will present no question for decision
In the absence of the certificate of the clerk
Of the Howard Circuit Court as to proceed
fngs had in said court in the cause.
273s. Mullen VS.. Bower. Henry c. c. Re-
versed. Robinson, il. In an action for
brokerage commissions where plaintiff seeks
a recovery for finding a purchaser for the
f read sstat an he ari @ss empl boy pla aE n sefi t iSr ne he
found a purchaser for the real estate Is suff1-
cient. when under plaintiffs contract he
repetition of an instruction is not reversible
error. 3. IL a person who is employed TO
sell real estate subjects his contract to an
other who finds a purchaser and who stands
by during the transaction without inform
ing the owner that he is an agent of the
first broker employed and the owner does
not know that fact, such broker will after
wards be estopped from claiming that the
subagent was acting for and on his behalf
in the sale OF the real estate.
O--0 ID Rn q w d. va. x& DatAr~.-
Davies G. c. Transferred to Supreme Court.
2721. Incorporated Town of Rochester VS..
Bowers. Fulton c: c. Rehearing granted.
Gibson G. c. Motion to modify opinion over
ruled.
24O. Taper VS.. New Home. ETC., Com
overruled.
Superior Court.
Room John L. McMaster, Judge.
Presley Jennings VS.. indianapolis & Broad
Ripple Rapid Transit Company; damages.
On trial by jury.
Room FLAMES NJ. feathers, Judge.
Fred Cook VS.. the City of Indianapolis:
damages. On trial by jury.
George Boodefer VS.. George Baldwin Plow
Company; account. Defendant defaulted.
Finding and Judgment vs. defendant for
s1.60 and costs.
Edwin Fuller VS.. LueIla Fuller: divorce.
plaintiff for costs. Defendant to receive
$1,000 alimony.
Room &Vinson Carter, Judge.
Nora f. Dunn VS.. Citizens Street-railroad
Company; damages. Dismissed by plaintiff.
Judgment VS.. plaintiff for costs.
Terre Haute Brewing Company VS.. David
A. Boswell ct al; foreclosure. Dismissed
By plaintiff. Judgment vs.. plaintiff for costs.
Circuit Court.
Henry Clay Allen, Judge.
Stephen s. Collett VS.. John Collects Es-
tate. Submitted to court. Evidence heard
and claim allowed for xo6ll4S and costs
against Estate.
Foster & Bennett Lumber Company VS..
James NJ. Nelson ct al; mechanics Lien.
Trial resumed
State ex rel. Minnie Eagan VS.. Clarence
Barckdall. Submitted to court. Evidence
heard. Finding that defendant is father of
child of plaintiffs and judgment VS.. defend
TO be paid to reiatrix without interest.
New Suits Filed.
Patrick Finnigan VS.. Robert E. Mccoy;
complaint for conversion. Superior Court.
Room 2.
John o. Duncan VS.. Mary Duncan; suit
for divorce. Superior Court, Room 3.
Pauline c.. Denning VS.. Charles B.. Den
ming; suit for divorce. Superior Court,
Room 2
Virginia A. Leachman VS.. A. 8. McGoorty,
trustee. ct al: suit 10 quiet title. Superior
Court, Room /.
Efie Sproeton rs. Richard W. Sprooton:
suit for divorce. Superior Court, Room 1.
Samuel Gerhard vs.. Mary T.. Gerhard; suit
for divorce. Superior Court, Room 3.
James Connel Va. Kingan & Co.; suit for
damages. Superior Court, Room /.
Belle Cummings VS.. Harry Cummings; suit
for divorce. Superior Court, Room J..