The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-10-25
THE COURT RECORD.
Supreme Court.

1890. Rowe We. Baleman. De Kalb c. G.
Dismissed. Jordan, c. J.-Where a proceed
sioners under the act of 1897 entitled An
act for the impeachment and removal from
and the lower court found against the
plaintiff, who appealed, and it is shown by
the complaint that the official term of office
Of those sought to be impeached has expired
pending the appeal and such officers are no
longer incumbents of the office from which
1t was originally sought to remove them,
imperative. so the appeal will be dismissed.
1860. Raynes VS.. Ladder and Furniture
Company. Howard s. c. Affirmed Dowl-
ing il. This court will not reverse the
judgment of the lower court upon rulings
made which, if erroneous were harmless.
2 The persons to whom liens and prefer
enceS are secured by the provisions OF, Sec
tons TOSS and 1855. Burns r. S. 1894 are me-
chanics and laborers employed about any
shop. etc, who perform manual and me-
chancal labor, and they do not apply to
1902s. State of Indiana VS.. Duncan. Law
renee c. c. Reversed. Baker, il. Bribery
is an offense against public justice. 2. When
the county commissioners appoint a person
as engineer OF gravel roads and he acts I'M
der his appointment he becomes an officer
de facto and cannot be permitted to raise
the question as to whether or not he is an
officer de jure when charged in an indict-
ment with having solicited a bribe from the
contractor for certain gravel road work, the
prosecution being based upon Section 2OO9,
r. s. 1881
1896. Smith VS.. Barber. Boone c. G.
Petition for rehearing overruled.
Appellate Court.
2S47. Fulton VS.. Heffelfnger Wells G. c.
Reversed. Black. il. Where an employee
has entered the service of his employer un-
der special contract, and has performed
services which have been accepted and en-
1oyed by the employer, but has not COM
pleted the service and has himself commit
ted a breach Of the contract, for which he
has been discharged, he cannot recover on
the express contract, but can sue only on
the quantum meruit and recover the amount
in which the employer has been benefited
Of what he has received. 2. Where an en-
ploye for farm work as a part of his re-
mum Grafton was to occupy a dwelling house
with the privileges of garden and truck
patches he receives the benefits from such
as . servant for the benefit of his EMPLOYER
and on a rightful discharge of such employee
he may be deprived of the future occupancy
or the house, garden and truck patches.
2sS City of Alexandria vs.. Board of
Commissioners. Madison c.. c. Affirmed.
Henley. 1.-The obligation of allowing pris-
oners to be temporarily confined in a CITY
jail until they can be transported to the
county jail is one imposed upon cities by the
ing for such prisoners must be paid by the
city until they are delivered into the custody
or the sheriff of the county. And it is a
part Of the duty Of constable or city mar
shal to commit to the county jail by order
OF court prisoners in their custody, and for
me discnarge of such duty their compensa-
not liable for such services
NM l. ". R. r; CO. VS.. Capitol Paving
Company. Marion ion 6. e Reversed; Robin
city OF indianapolis has the power To i'm
prove one-half of a street or roadway of q
street and whether the improved part lies
on one SIDE or the center line or in the center
OF the street the lands on the two sides of
the street for the length of the Improvement
snail bear the cost; but a railroad right OF
May we9y y wn and part of the street
ment. 2. A railroad company has an ease
ment. IN the grounds occupied by its tracks.
grant and always carries with it an interest
in the land in or over which il Is to be en-
2s51. City of Bluffton VS. McAfee. Adams
Z; z; Petition for rehearing overruled.
2S&. Weaver vS. Weaver Howard s. @
ssss sl for r rel overruled
tition for rehearing overruled.
300. Preston VS.. Bosworth. Madison s. C.
Transferred to Supreme Court
2SS5. Luckenbill VS.. Kraig. Miami c. q
Transferred to Supreme Court
n @s - ,Keeves Company VS.. Byers. Park
Z. Z. transferred to Supreme Court
Superior Court.
Room John L. McMaster, Judge.
Ella Justus vs. David Justus; divorce.
f1Rn dngrS ana decree for PLAINTIFF at her cost.
oiegmond; TO quiet title. On trial by court.
Circuit Court.
Henry Clay Allen. Judge.
Mary Clarke vs.. Citizens Street-railroad
company and Anna Crane VS.. Citizens
Street-railroad Company damages Evil
dence concluded: jury instructed and re-
Ire; return verdict for defendant: judg-
ment on verdict against plaintiffs for costs
On motion of Lawson B. Harvey, Samuel
n: Rulck was admitted TO the bar
Miles 5. Cahill VS.. George F. Kreitlein
ct AL; replevin. Dismissed for want of
prosecution; judgment against plaintiff for
costs.
Mary Z. Poppie VS.. John B. Poppie: d.
yorce. Death of plaintiff suggested; cause
dismissed.
Artemezia Frazier vs. Frederick Born;
SANDER. Dismissed by plaintiff without
prejudice; judgment against plaintiff for
costs.
New Suits Filed.
Oscar L. Neisler VS.. Charles B. Clarke ct
al; suit to recover money paid out. Superior
Court Room /.
William S. Demolt VS. Indianapolis Street
railway Company; damages. Superior Court,
Room 3.
Gertrude NJ. Brennan VS.. Vincent c. Bren-
nan; divorce. Superior Court Room g.
Anneta Rupp VS.. John w. Rupp; divorce.
Circuit Court.
Lidia Wikle We. Louis A. wikle: divorce.
Superior Court, Room 2.