The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-30

count is too large. .. In presenting error
In giving or refusing instructions the latter
must appear in the record properly 8. In
order that Instructions may be made a part
of the record without a bill of exceptions
the record must aftrmatively show that
they were filed.
2S-a. Burket VS.. Miller. Howard s. C.
Affirmed. Henley, J.-It is not reversible
error for the court TO sustain demurrers
to special answers when all the evidence
can be introduced under the general de-
which is also pleaded. 2. Between
landlord and tenant growing crops are per-
sonal property. 3. Where injunction pro-
ceedings are discontinued by the plaintiff
he is liable TO defendant on the indemnify
ing bond.
300. Scherer VS.. Scherer. Ohio c.. c.
Reversed. Comstock, il. The law IA
vors marriage and does not sanction con-
tracts intended to affect its dissolution. 2.
In an action by a wife against the husband
upon a contract for support wherein the
contract says that they are living apart
by reason of the abandonment one OF the
other" II fails to show that the wife left
her husband for reasons justified by law,
and such contract is without considera-
ton. 3. A wife must have ~justifiable rea-
sons for leaving her husband to maintain
an action against him for support.
&lS. Borman VS.. Brewing Company.
Marion c. c. Affirmed. Robinson. il.
An action will not lie against the plaintiff
on a bond given in a capias ad responder
DUN proceedings where the plaintiff did
not sign the bond.
Sl26. Fleshman VS.. Trull. Harrison c. c.
S246. L. f. & w. Railway Company VS..
Mount. Henry C. c. Dismissed.
S2SS. Ellison VS.. Trustees. Lagrange c.
G.. Dismissed.
Transferred TO Supreme Court.
291. Citizens VS.. Mcdonald. Marion 5.
c.. Certiorarl granted.
3Oi5. Doddridge VS.. Doddridge. Wayne
c.. c. Advanced.
SUPERIOR COURT.
Room John L. McMaster, Judge.
Bartholomew d. Brooks VS.. Edgar Stuck;
mechanics lien; on trial by court.
Room Flames NJ. feathers, Judge.
Charlotte V. O'Shea VS.. Citizens Street.
railroad Company; damages. Jury re-
turned verdict in favor OF plaintiff and
assessed her damages at 5000.
T.. L. Getter VS.. Citizens Street-railroad
Company; damages. On trial by jury.
Room s-vinson Carter. Judge.
Barnhart Brothers & Spindler vs.. James
S. Guthrie; note. Finding and judgment
against defendant for $79. II and costs.
John White VS.. Allen Banks; appeal.
Dismissed for want of prosecution. Judg-
ment against plaintiff for costs.
note. Finding and judgment against de-
PENDANT for $l01.s 81 and costs.
CIRCUIT COURT.
Henry Clay Allen, Judge.
George F. Duncan VS.. The indianapolis
Street-railway Company; damages. Sub
mitted TO jury. Evidence heard in part.
Plaintiff dismisses cause.
F. SUITS FILED.
Marion Bond Company, trustee, VS..
Horace Fl. Cramer ct al; Improvement
lien. Superior Court, Room 2.
William b.. Paul VS.. Frank McCray: suit
for partnership settlement. Circuit Court.
Cora r.. ~SpeakmaSter ct al. VS.. James
Cox ct al; partition. Circuit court.
William Schultz VS.. Consumers Gas
Trust company; damages. Superior Court,
Room l..
Robert Picken ct al. VS.. John p. Todd
ct al; partition. Circuit Court.
Edward Washington VS.. Estella Wash
ington; divorce. Superior Court, Room 1.