The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-05
THE COURT RECORD.

1896 Harris VS.. State of Indiana. Van
derburg. G. c. Affirmed. Monks, il. In
criminal prosecution motions i'm arrest
must be in writing and state the cause
therefor. Such motions and the rulings
therein are part OF the record without
bill of exceptions. 2. Bills of exceptions
cannot bring into the record matters which
are part of the record without bill of
exceptions. 3 Where matters properly
part of the record without bill of excep-
tons are only exhibited in a bill of excep
lions copied into the transcript. and do
rot appear elsewhere in the transcript,
they will not be considered on appeal 4.
Unless a bill of exceptions is filed with the
clerk and this fact Is affirmatively shown
by the record, 1t forms no part of the rec
ord and cannot be considered. g. Such
filings cannot be shown in this court by
mere recitals in the bill, or by the file
marks of the clerk thereon. g. In the alb
sence of motion in arrest of Judgment
from the record the ruling of the trial court
thereon will be presumed to have been
correct.
1890. Rosenbarger VS.. State of Indiana
Gibson, c. c. Affirmed. Jordan. il. Sec
ton 1892, Burns, 1884. makes ii crime to do
any one or both of two acts. namely, to
administer poison or to procure the same
to be administered; both acts are pun
ishable alike and a violation of the statute
by any one in respect to either or both of
the forbidden acts constitutes but single
offense. 2. Where person Is charged with
several onenses against statute, if any
been committed by the defendant be
proven. be will be convicted and punished
as provided by law. 3. The word procure
In Section 1892, Burns, 1894, is employed in
the sense of cause. 4. An indictment I'M
der said statute need not state the guam
tity of the poisonous drug administered.
s. The court judicially knows that hydrate
of choral is poisonous in its nature and
when taken into the system in a sufficient
quantity will produce death by reason of
its poisonous effects 6. Ii is the province
of the trial court to weigh and determine
the evidence given upon the trial and this
court must presume that such duty was
correctly and properly discharged.
1871 c., c., c. & ST. l.. Ry Co. VS.. Klee.
Hancock, c. c. Petition for rehearing over
ruled.
1sOS9 State ex rel Snyder VS.. Burke.
Perry, c. G. Advanced.
1929 Hames Weirick. Koscuisko. c.
c. Motion to amend assignment of errors
granted ard treated as made.
1875 Allen VS.. Indianapolis Oil Co.
Blackboard c. c. Petition to advance over
ruled.
1858. Upton. etc. Power Co. VS.. New
| eaner. Miami c. c. Petition to withdraw
request for oral argument granted.
APPELLATE COURT.
SOlO. L.. Z. & w. Ry Co. VS.. Juday Madi-
son G. G. Affirmed. Robinson. il. 1t is
not necessary to show the action of the
trial court, in ruling on motion for a
judgment on the answers of the jury to
interrogatories, by bill of exceptions
An exception to such ruling presents the
question without a bill. 2. Such motion
may be made orally or i'm writing, but
when in writing the writing must control
and be in the record. 3. If the record entry
shows the motion was made and an ex.
ception taken to the courts ruling the
question is presented. 4. 1t is the duty OF
this court to presume that the trial court
had good and sufficient reasons for over.
ruling motions until the record is made tc
show afiirmatively the contrary. S. Time
beyond the term for filing a bill of excep.
| tions must be shown by an order book en-.
| try and cannot be shown by a recital ir
| the bill itself.
1898. Barrows VS. Wampler Knox c. {.
Reversed. Wiley, c. il. Plaintiff can.
| not sue upon one theory and recover upor
| another. 2. Where grain was simply stored
| in warehouse the owner is not entitled
| TO sue for the value of the grain upon the
| theory that is was sold instead of stored
1861. Elwood. etc. Ry Co. VS. Ross. Madi
son S. c. Certiorari granted and issued.
| SUPERIOR COURT
Room John l.. McMaster, Judge.
| William Shepp VS.. Samuel Rice. Findins
! and judgment for plaintiff against defend
| ant for $3.50 and costs.
James Bone VS.. Minnie Bone; divorce
Decree granted plaintiff at his costs.
! Charlotte Borchert VS.. Simon Baney et
| al; damages. Evidence heard and taker
under Amusement.
Room flames NJ. feathers, Judge.
| Theodore III. Moore VS.. Henry Kattermar
ct al; contract. On trial by court. Dis
| missed at plaintiffs cost.
James PAISLEY VS.. w. a. Sheets ct al
| appeal. Dismissed and costs paid
Room 3-Vinson Carter, Judge.
Joel Jessup ct al. VS.. Benjamin f. Hill e
| al; proceedings supplementary TO execu
! ton. Finding for defendants. Judgmen
| against plaintiff for costs
The Mutual Home and Savings Associa
| ton VS.. James o. Parker ct al: forecIos
| ure. Dismissed and costs paid.
! The Marion Bond Company, trustee. VS.
christine Richter ct al; lien. DISMISSED
| and costs paid.
Mary E. Maher VS.. Anna Comstock: dam
ages. Finding for defendant. Judgmen
| against plaintiff for costs.
| Allen Shaw ct al VS.. George X. Soho
| field ct al; damages. Dismissed by plain
| tiff. Judgment against plaintiff for costs
William Ernsting VS.. William III. John
| son; lien Dismissed and costs paid
Charles f. Reynolds VS.. The indianapol;
| Castle Hall Association: commission Find
| ing for defendant. Judgment against plain
| tiff for costs.
Oscar Neisler VS.. Jessie b. Mckinney @
al. appeal. Finding for defendant Judg
| ment against plaintiff for costs.
Albert c. Reese We. The Indiana poll
Union Railway Company ct AL; damages
| On trial by jury.
| CIRCUIT COURT
Henry Clay Allen. Judge.
| III the OF Ellen Gruencrt. the In
sane wife OF John III. Gruenert; petition {
convey real estate. Submitted to court
Evidence heard Finding for petitioner
Petition granted at petitioners cost.
| Charles III. Kirkhoff vs.. Charles H. Kirk
hoff's Estate. Claim heard in part Dis
missed by plaintiff. Judgment agains
| plaintiff for costs.
George III. Raschig vs.. John Collects lis
| tate; claim. Taken under Amusement
Rown Roemines vs.. Mollie Roemines: III
| vorce Submitted TO court. Evidence heare
| Dismissed without prejudice. Judgmen
| against plaintiff for costs.
4 CRIMINAL COURT.
4 Fremont Afford. Judge.
l Jacob Joseph; profanity. Defendant al
| raigned Plea of not guilty. Trial b
I court. Eyidene heard. Finding not guilt,
u Thomas w. Storms. grand larceny. PIE
| OF not guilty. Continued until Friday
II Archie Malone; visiting gambling hous'
From City Court. Defendant arraignes
J Plea Of not guilty. Trial by court. Ev