The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-25
THE COURT RECORD.

SUPREME COURT
1902 Hamilton VS.. Canton, ETC., Co.
Delaware c. c. Dismissed.
l9301. Huntington VS.. Syfers. Hendricks
e. c. Motion 10 dismiss overruled.
1879 Postal ETC., Co. VS.. c., L. l.. Ry.
co. Lake c. c. Advancement denied.
Minutes
1924 State of Indiana ex rel Charles l..
Freshman, prosecuting attorney, VS.. Ed
ward S. Tuell ct al. Harrison C. C. Appel
Brief on motion
19OS5 William ]. Allen VS.. Norman Nc
Gee ct al. Monroe c: c. Appellants mo-
ton for certiorari and brief on motion.
1928 Boyd Ladd VS.. Marcus j. Kuhn ct
al Grant c. c. Appellee's brief.
APPELLATE COURT.
3110. Columbian, etc. Association vs.
Gross. Floyd c. c. Affirmed. Robinson, j.
Il An application for insurance and the
policy issued thereon must be construed
together as one contract. g Where a sick
benefit insurance policy provides that there
should be no recovery unless the insured
is confined to his house does not apply
where the party insured takes occasional
outdoor exercise under the direction of
physician, selected by the representative of
the insurer, for the purpose of restoring
the insured to health.
1854. GrotiuS VS.. Ross. Vanderberg G.
c. Reversed. Comstock, il. In an &C.
ton for SANDER it Is not necessary TO prove
the precise words charged in the COM
paint, out IL Is necessary TO prove tndt
the defendant spoke words substantially
as alleged. 2 1t is error to instruct the
jury In an action for SANDER that in de-
termining the measure of damages the
jury may consider the expense TO which
plaintiff had been put by being compelled
to come into court TO vindicate his char
acter.
31S7. McCulloch vs. Smith Floyd c. c.
Reversed. Black, il The sufficiency Of
a statement of a claim based upon a writ
ten instrument filed against estate may
be tested by demurrer 2. A claim against
an estate should be such a statement of
facts as will show legal liability on the
part of the estate, and so will, with reason
able certainty, indicate to the representa-
tive Of the estate what he is called upon
essential to the completion and efficiency
of promissory note. 4. An exhibit to
complaint controls as to the contents OF
the instrument sued on and the proof must
not necessarily contradict II. 5. In an
action upon a mutilated instrument the
plaintiff must account for the mutilation
by averments.
Minutes
1876. Arthur Jordan ct al vs. The In
dianapolis Water Company. Martin S. c.
1862. The Wabash Railroad Company VS..
Henry Biddle. Adams c. c. Appellants
brief 90.
Huntington c. C. Brief for State 81.
1871. Henry H. Rietman ct al VS.. Benja-
min H. Bangart. by next friend. Wander
burg s. C Appellants supplemental brief
1914. Shaffer Peterson ct al. VS.. Jane
Struby. Adams C. C. Appellants petition
for rehearing and brief on petition.
5000. Sarah ]. Hamilton VS.. Hiram w,
Miller ct al. Marion S. c. Appellants Pc
3156. The Columbian Relief Association
VS.. Charles E. Walker. Administrator.
DekaIb c. c. Appellants brief on appel
lees motion to dismiss.
1867. G.. G.. Kuhner VS.. Sarah A. Kuhner.
Howard c. c. Appellee's brief.
SUPERIOR COURT.
Room Flames NJ. feathers, Judge.
Thomas Hockensmith VS.. Charles NJ
Hilton; set aside conveyance. Dismissed
and costs paid.
William Fox VS.. Charles M Hutton; set
aside conveyance and note. Dismissed and
costs paid.
William H. Stringer, receiver. VS.. John T.
Mccartney; account. On trial by court.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Melville B. Mahurin VS.. William p. Stew
art ct al; damages. Settled at defendants
costs. Judgment against defendants for
costs.
Walter Ross VS.. Allen A. Russell; SLAM
der. Cause dismissed. Costs paid.
Frank j. Carlin ct al. VS.. Patrick c.
Leary; replevin. Plaintiffs file appeal bond
in sum of $500 with w. j. Hubbard, as
surety. Bond approved.
j. Wilson Allen VS.. EllZaDetn Is. Allen;
divorce Submitted to court. Evidence
heard.
Susie May nusie VS.. Amos w. Rusie ct
al; divorce. Defendant ordered to pay into
court for maintenance of plaintiff in ten
days the sum of 500 and SIS per month
thereafter until disposal of cause.
George NJ. Tindall VS.. Sarah E. Tindall
divorce. Temporary restraining order
granted against plaintiff to May 2, 1900.
CRIMINAL COURT.
Fremont Afford, Judge
Peter Lemon: receiving stolen goods De-
PENDANTS motion for new trial overruled
Defendant excerpts and given sixty days to
file bill Judgment on verdict of jury Fine
SIS and Imprisonment in the workhouse for
six months.
NEW SUITS FILED.
Elizabeth B. Smith VS.. Henry ]. Smith:
divorce. Superior Court, Room 1.
John w. Murphy ct al VS.. Alfred H
Grafferty; complaint on account Superior
Court, Room /.
Sarah J. Wideman VS. Thomas Grail ct
al; complaint to set aside Judgment Cir
cult Court
| Mary Owens VS.. William j. Owens: di-
vorce. Superior Court, Room 2.
Mary Miller VS.. Horace NJ. Hadley and
Elva Wilt Hadley; on note. Superior Court,
Room l.
Nathan Kaplar VS.. Henry Marks: on con-
$1,000 Superior Court. Room g.
Charles z. Johnson VS.. Hannal II. John
son: divorce. Superior Court. Room g.
George w. Budd VS. Squire r. Greer and
Allen A. Wilknson: damages. Demand
$1,000 Superior Court. Room 2
James S. Hanes VS.. the indianapolis
Street-railway Company; damages De-
mand Sc 600. Superior Court Room 3
Joseph McKenna VS.. Maggie McKenna;
divorce. Superior Court, Room l.