The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-10-27
THE COURT RECORD.
Supreme Court.

1879. State OF lndlana VS.. Borst lie hdlo
c. c. Dismissed. Jordan, c. jim an ac-
ton for Impeachment of a public officer un-
der Acts 1897, o. 27S, by way Of an accusation
presented by the grand jury In an appeal
dismissing the action the appeal will be dis
missed in this court when 1t is shown that
the term of the officer sought to be i'm
1859. City of Goshen vs. Afford Elkhart
c. c. Affirmed. Bowling, il. 1t is the
duty of municipal corporation to keep its
streets In reasonably safe condition for the
use of the public by night as well as by day,
and If In disregard of such obligation 1t
creates a dangerous nuisance on one of It's
streets and in consequence of such neglect
person lawfully upon such street, exercising
proper care, having no knowledge of the ex-
istence OF such nuisance, and who is himself
is liable. 2 A city is bound TO take cog
nizance of a nuisance created by itself.
3. Where the city by it's council ordered the
erection of hitching posts and its servants
in the performance Of the work left an un-
guarded hole in the street, knowledge of
which was had by the city marshal at the
istence of such hole. 4. The general statute
for the Incorporation of cities makes the
marshal the chief ministerial officer of the
corporation.
Appellate Court.
1897. Springfield. ETC., Co. VS.. Kitchener.
Howard c. &. Affirmed. Black il. In a
proceeding for review of Judgment for
material new matter discovered since the
rendition of the Judgment the period within
which the complaint for review may be filed
as provided by the statutes is within three
years after the rendition of the Judgment
except that any person under legal dis
abilities may file such a complaint at any
time within one year after the disability is
removed. 2. Where an amended complaint
does not set up any right not asserted in
the original complaint. the answer that the
cause of action mentioned in the amended
complaint did not accrue within the time
limited by the statute is bad on demurrer
Soi9 Fidelity Trust Company VS.. City of
Alexandria. Madison S. c. Affirmed upon
pany VS.. Appellee 50 n. E. r., sos Henley, j.
2723 owen VS.. Dresback. Grant c. c.
Transferred to Supreme Court.
Superior Court.
Room John L. McMaster, Judge
Charles Hoffman VS. Martha Jutt: me-
chanics lien: Finding and judgment for
costs.
Lucy McCord VS.. Thomas McCord; di-
vorce. Plaintiff dismisses at her cost.
Room flames NJ. feathers. Judge.
VIM. K. Bash VS.. John j. Johnson APP
peal. Jury finds for plaintiff and assesses
the amount at s57.
James E. Rogers VS.. Citizens .Street-rail-
road Company: damages. Dismissed with
out prejudice Judgment against plaintiff for
costs.
Geo. w. Harris vs. Daniel Carter: NAL
pros. On trial by jury.
Room 3-Vinson Carter Judge.
Jesse Shelley VS.. Reuben Bailey: damage
Jury returned verdict for defendant.
Circuit Court.
Henry Clay Allen, Judge.
Sarah L. Campbell VS.. Katherine Gala
CHER; Islander. Jury returned verdict for de-
l.. l.. Todd. NJ. D., VS.. Henry S. Ross
estate. Allowed by administrators for $22.2l
and costs against estate.
c. B.. Cook VS.. Henry s. Ross estate.
Allowed by administrator for 1915 and costs
against estate.
Thomas NJ Rush VS. Henry S. Ross's es-
tate. Allowed by administrator for 60 cents
and costs against estate.
c. b. Cook & Son VS.. Henry s.. Ross S
estate. Allowed by administrator for $3.50
and costs against estate.
Henry White VS.. Henry s. Ross estate.
Allowed by administrators FOR s4.o5 and costs
against estate.
Sarah Hunter VS.. H. S. Ross estate
Allowed by administrator for $40 and costs
against estate.
New Suits Filed.
Gertrude Simmons vs.. Paul b: Simmons;
divorce. Superior Court, Room 3.
Ardella G. Robinson VS. Indianapolis
Street-railway Company; damages Super
~ Marion ion'' BOnn Company, trustee. VS..
Jerome Allen ct al; Improvement lien. su-
Jennie Howell VS.. Grant Howell ct al
support: Superior Court, Room 2.
Albert q. Clingler VS.. Shaw G. Love ct
al; malicious prosecution. Superior Court,
Room /.
Adolphus A. Magee VS.. VIM. j. Benner;
suit on account. Superior Court, Room 8.
Union Trust Company of Indianapolis,
trustee, VS.. Florence Hanway ct al. parti-
ton. Circuit Court.
e. s. Jordan VS.. the Cerealne Manufac-
turing Company; damages. Superior Court,
Room 2.
Jonathan Mosher VS.. Louis NJ. Stegner;
malicious prosecution. Circuit Court
Elizabeth J. Smith VS.. George w. Smith
divorce. Superior Court, Room /.
Emma McClintock VS.. Robert McClintock;
divorce. Superior Court, Room 3.
Ada Oserman VS.. Samuel Oserman; di-
yorce. Superior Court, Room q
Algernon s. Patterson VS.. VIM. GLADDEN.
ct al: suit on note. Circuit Court
Charles r. Hubbell VS.. Eva Hubbell; d.
vorce. Circuit Court
Emma Tritsche VS.. the Indianapolis
Street-railway Company; damages. Circuit
Court.