The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-14
Case Now Out of Court.
THE COURT RECORD.
SUPREME COURT.

THE COURT RECORD.
SUPREME COURT.
1880. Cason VS.. City of Lebanon ct al.
Boone c. c. Affirmed. Monks, il. The
officers of a city have full power, by pro-
ceeding under the law, to determine wheth-
er a street shall be improved and the kind
of improvement, and the courts cannot
control the exercise Of this discretionary
power by injunction, 2. A contract by
which a railroad. in consideration of being
permitted to lay its tracks In a street, un-
dertakes to restore the street to good con-
dition, gravel 1t and keep 1t in repair, does
not bind the company to pay for changing
the grade of such street, paving IL with
brick and laying cement sidewalks. when
such an Improvement is subsequently or
dered. 8. The execution of a void contract
with a railroad company by a city relating
to collateral matters will not make void a
contract and ordinance for the improve
ment of a street in such city. 4. That a
city is indebted beyond the constitutional
limit when a street Improvement Is ordered
may prevent the contractors from collect
Ing from it pay for paving street and alley
crossings. but cannot affect the liability of
abutting owners to pay for paving in front
of their respective lots. 5. 1t cannot be
presumed that the officers Of a city will
make an illegal and unauthorized payment
out Of the city funds.
1857. Maule Coal Company VS.. Parten-
heimer, Administrator. Gibson c. c. Re-
versed. Jordan, il. Acts 1891. Page 81,
regulating the weighing of coal. the ven-
tilation of coal mines. and the means to be
used to insure the safety of employees
therein. is not invalid by reason of embrac-
ing more than one subject and matters
properly connected Herewith. nor by rea-
son of embracing matters not stated in the
title, but is constitutional. 2. Under said
act the cause of action for the death Of an
employe in a mine which employed more
than ten men. due to explosion of gas that
was n~egligently suffered to accumulate and
to become ignited is in the widow and chill
dren or other dependent relatives Of the
decedent, and no action therefor can b.
maintained by his administrator.
APPELLATE COURT.
1853. City of VS.. Evans. Por-
ter, c. c. Affirmed. Robinson, il. A
judgment is a debt Of record, and may be
made the foundation Of an action, although
an appeal from 1t is pending. 2. Where
the attorney for a Judgment plaintiff, with
out special authority, accepted q city war
rant for half the face of his clients judg-
ment against the city in compromise settle
ment thereof, and upon the failur of the
city to pay the warrant on presentation,
discounted 1t and kept the entire proceeds,
his client was properly given a Judgment
against the city for the amount of the first
judgment, with interest, In an action based
thereon. 3. An estoppel cannot be success
fully pleaded where some Of the elements
of an estoppel. as defined by the Supreme
SOuIt Il tdChlllS.
2733. Morrow, Surveyor, VS.. Geeting ct al.
Howard c.. c. Affirmed. Wiley, c. il.
The ruling on a motion to modify or cor
rect a judgment cannot be questioned by a
motion for a new trial, nor can a rehearing
on such motion be secured in that way, and
the assignment of error that the court
overruled the motion for a new trial of
such motion presents no question. 2. A
motion to correct an entry Of judgment
made in obedience to a mandate of the APP
pellate Court SO as to conform to such
mandate need not set out a copy of the
opinion of that court directing the judg-
ment to be entered. 8. A judgment of the
Circuit Court confirming the assessments
made by the county surveyor for the ex-
pense of repairing a public ditch does not
bear interest, but the assessments are gov
erned as to the penalty for nonpayment
when due by the law for the collection of
taxes.
1902. Case, Administrative. VS.. Nelson.
Exceptor. Cass c. c. Appellee's motion to
dismiss sustained.
1927. Baird, Administrative. VS.. Mueller
ct al. Henry c. c. Appellants motion to
modify judgment overruled.
SUPERIOR COURT.
Room John l.. McMaster. Judge.
Charles Smith, admir-, vs. c., c., c. & st.
L. r. r. Co.: damages. On trial by jury.
Room FLAMES NJ. feathers. Judge.
Hoyte Madison, by Charles D.. Madison,
VS.. Indianapolis Water Co. ct al; damages.
jury instructed to find for defendants.
Room 3-Vinson Carter. Judge.
John Mayo VS.. Elizabeth Mayo; divorce.
Dismissed and Judgment against plaintiff
for costs.
Charles ]. Pickens VIZ. Mary j. Pickens:
divorce. Dismissed by plaintiff. Judgment
against plaintiff for costs.
Annice Black VS.. David T. Cooper ct al.
foreclosure. Finding and judgment against
defendant David T.. Cooper for 81. 40. 4s and
costs. Decree of foreclosure granted.
Mary K. Slater VS.. Jacob H. Slater; di-
vorce. Granted plaintiff. Judgment against
defendant for $500 alimony and costs.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Albert II. Johnson VS.. Frank S. Foster.
Evidence continued.
Philippine Waller ct al. VS.. William Wal
Ter ct al; partition. Reappraisement of real
estate and report OF sale approved. Deed
presented and approved. Continued for re-
Michael T.. Howard VS.. the New Birdsall
Co.: from justice OF the peace. Submitted
to court. Evidence heard.
On motion of Frank T. Brown, William
w. Caffrey admitted to bar.
State of Indiana ex. rel. Alta May Poole
VS.. Harry G. Sargent; bastardy. Dismissed
for want OF prosecution. Judgment against
relatrix for costs.
Claim of Marion Trust Company, guard
ian. VS.. John w. Dawson's Estate. Settled
by agreement and allowed for 1878 at costs
of estate.
NEW SUITS FILED.
Laura Gibson, VS.. William T. Gibson:
suit for divorce. Superior Court. Room 2.
Martha 7. Rowland VS.. Edwin r. Now
land: suit for divorce. Circuit Court.
Eva l.. Davidson VS.. Thomas c.. David
son; suit for support. Circuit Court.
Frederick III. Hauck VS.. Henry Burdenz
ct al: damages. Superior Court, Room 2.
Sarah j. Pattison ct al. VS.. Andrew J.
Coldwell: injunction. Superior Court,
Room 3.
Jessie +. XXI VS.. Charles d. Powers
ct al: complaint 10 quiet title. Superior
Court, Room 3.