The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-12

shattuck. Clay c. c. Brief of appellant
resisting motion TO dismiss filed.
1906. Samuel T. Hook VS.. Emma Ayers
et al. Marion C. c. Proof of notice of mo-
ton to dismiss appeal.
1929. Elias Hanes VS.. State of Indiana.
Warren c. C.. Appellee's brief.
APPELLATE COURT.
1885, City OF Fort Wayne vs. Brown
Allen S. c. Petition to advance overruied.
1852. Everett VS. Paper Company Marion
s. G. Affirmed. Robinson. il This court
cannot weigh conflicting evidence. 2. A
contract of several provisions must be con-
strued as a whole. 3. 1t is competent to
prove the meaning of commercial terms in
contract by those familiar with the terms
used. L. Usage cannot be set up TO contra
dict contract. but when there is nothing
in the agreement to exclude the inference
the parties are always presumed TO con-
tract in reference 10 the usage or custom
which prevails in the particular trade or
business to which the contract relates and
the usage is admissible for the purpose of
ascertaining with greater certainty what
was intended by the parties.
3139. Green VS.. Shanklin. Wells G. G.
Reversed. Black, il. The common coun-
Gil OF city in making assessments for a
sewer exercise a discretion, and their de-
cision cannot be collaterally attacked
where it appears that the requisites of
jurisdiction existed. So far as such council
has kept within its prescribed powers and
acquired jurisdiction properly the exercise
of such official discretion must be treated
rights and obligations involved; but such
discretion must be exercised honestly and
without subsection to corrupting infiu-
ing public sewer, for which he is to re-
ceive his compensation from the owners of
real estate through the official approval
of the result by the common council so far
violates his duty toward such owners as TO
exercise an undue influence upon the COM
mon council adapted to affect the deter
mination of the council In his favor such
influences being thus exerted by such con-
tractor for the purpose of affecting the
decision, and in fact having the intended
effect of influencing the council TO the
making OF an assesSmen nj wnicn II zen, en-,
persons through the compulsory payment
thereby of the proper price of sewer con-
structed according to contract for sewer
which, by reason OF failure TO comply with
the contract, Is not beneficial to such own
ers and is worthless and injurious, and
there Is such harmful violation of duty as
amounts to fraud the courts will interpose,
when properly invoked, for the purpose of
preventing its success.
1892. Home Insurance Company VS.. Syl-
vester. Madison s. c. Affirmed. Wiley c..
il. The requirement of such proof of a
| fire loss as may be required in an insur-
| ance policy is waived by the company
| sending its adjuster TO adjust the loss. 2.
| If an insurance company has been notified
denies liability and refuses to pay, such
| facts constitute a waiver of proof of loss.
3. A plea in bar of facts stated in an
answer need not be verified. T. A judgment
will not be reversed on account of a re-
| fusal to strike out evidentiary matter in a
pleading.
Sl25. Shrum VS.. Simpson. Washington C..
G.. Transferred to Supreme Court.
$3.50. Hamilton VS.. Miller. Marion S. c..
Petition for rehearing overruled.
Minutes
3lOS. Suth Chicago City Railway Com
pany VS.. Nicholas Moltrum. Porter G. G..
Appellees petition for extension filed. Pc
| tition granted.
SUPERIOR COURT.
Room John L. McMaster, Judge.
Indiana Mutual Building and Loan AS
ISOLATION VS.. Catharine Stewart; for re-
| lection of real estate On trial by jury.
Room Flames NJ. feathers, Judge.
| D. w. Howe VS.. Clark Crittenden; fore
| closure. Finding and judgment against
| defendant for s225.14, without relief, and
| costs
Fred Mathews VS.. John b. Cockrum ct
al; note. Dismissed and costs paid.
William s. Winn VS.. j. w. Stutzenberg:
| note. Finding and judgment against de-
| PENDANT for sl07.25, without relief, and
/ costs
| replevin. On trial by jury. Court in
structed to find for defendant.
Room 3-Vinson Carter. Judge.
| Louisa Bernhardt VS.. Indianapolis Street
! railway Company; damages. Jury returns
| verdict for defendant.
| William Stevenson VS.. Sanford p. Hamil-
| ton ct al; attachment bond Dismissed
| by plaintiff. Each party to pay the costs
| made by him.
| Rhoda NJ Johnston vs. indianapolis
sireet-railway Company; damages Cause
| dismissed for want of prosecution. Judg-
ment against plaintiff for costs.
| George S. Row VS.. Columbus p. Pres
/ ton; appeal. On trial by jury.
| CIRCUIT COURT.
| Henry Clay Allen, Judge.
| City of Indianapolis VS.. Joseph Macella
From City Court. Dismissed by plaintiff
Judgment against plaintiff for costs.
| Benjamin F. Given VS.. Mary Given; d.
| vorce. Defendant defaulted. Sumbitted to
| court. Evidence heard. Finding fol
| plaintiff. Decree of divorce. Judgment
/ against plaintiff for costs.
John +. Roe, executor, VS.. Jesse Roe
| ct al; TO quiet title. Defaults and sub
| mission heretofore set aside by agreement
| of parties. Defendants Dawson and Daw.
submitted to court. Finding interests OF
/ parties in real estate Decree quieting
title. Costs taxed to Robert Roes Estate
| City of indianapolis VS.. Claude Poland
/ From City Court. Submitted to court
Evidence heard in part:
1 Kate Smith VS.. James NJ. Smith; divorce
| Defendant defauted. Submitted to court
| Evidence heard. Finding for plaintiff. De-
| cree of divorce. Custody of plaintiff s
| child, Catharine Smith, awarded to plant
| if. Judgment against defendant for costs
| Defendant ordered to pay to plaintiff 500
| per week for support of child until fur
| ther order of the court.
| CRIMINAL COURT.
| Fremont Afford, Judge.
Edward Bernauer; unlawfully permitting
persons i'm saloon. Plea of not guilty. Sub
| mitted on agreed state of facts. Finding
| guilty. Fine $40.
| Edward Bernauer; selling liquor on Sun
| day. Plea of not guilty. Submitted to
court on agreed state of facts. Finding
/ guilty. Fine $40.
| Edward Bernauer; doing business with
/ out license Two indictments. Nollied
| Edward Bernauer; unlawful persons per-
nitted in saloon. Two indictments. Mol
/ lied.
Edward Bernauer; unlawfully placing
screen in saloon. Nollied.
| NEW SUITS FILED.
| The Marion Bond Company, trustees, VS.
| George Cook ct al; complaint on improved
/ lien. Superior Court, Room 1.
| Amos c. Heltzel VS.. The City Of Indian
| apolis, Joseph 7. Tanning, Albert Sahm
/ and Joseph w. SrstSh; complaint to en-
| join the letIng of contract to improve
Highland Place street. Superior Court
| Room 8.
The Marion Bond Company. trustee. VS.
Theodore c. Whitcomb ct al; complaint
on Improvement lien. Superior Court
| Room 2.
| George HI. Keller VS.. Pauline Keller; di-
4 yorce S,nar;or Court Rom