The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-10

John Newman sued the Springfield Fire
and Marine Insurance Company yesterday
for $500 for damage he alleges was done to
his place Of business on South Delaware
street last December by fire, which,, he
says, the company refused to pay.
THE COURT RECORD.
SUPREME COURT.
1880. Garrett VS.. Bissell, etc, Works. st.
Joseph G. G. Affirmed. Monks. G. il.
An innuendo cannot aver a fact or change
the ordinary meaning of language. 2. If
words not libelous per Sc are charged, the
absence of inducement showing by extrin-
sic matter that such words are actionable
is not supplied by an innuendo attributing
to those words a meaning which renders
them actionable. 3. Words arc to be un-
derstood In their plain and natural import,
according to the idea they are calculated
dressed. 4. In ascertaining the meaning
Of words written reference must be had to
the words used and the circumstances un-
der which they were uttered, and the au-
thor is presumed to have used them in the
sense which their use is calculated to con-
vey to the minds Of the hearers. 3. Error
In overriding a demurrer to an answer ad-
dressed to an insufficient paragraph OF
complaint Is harmless.
1902. Citizens Street-railroad Company
VS.. Heath. Marion c. c. Leave granted to
correct record.
1904. Siple VS.. State of Indiana. Daviess
~. ~ hGdkc 6IdulCu W PidSC MOI ITO
notes on transcript and residue Of motion
denied.
APPELLATE COURT.
2s25. Mccartney VS.. Bradford Milling
Company. Miami c. c. Affirmed. Robin
son, il. Under the act of 1897 it is not
material by whom the evidence in the rec
ord is written out. 2. In civil cases instruc-
tions may be made part Of the record UNI
der Sections 542. 544, Burns's r. S., 1894,
without a bill of exceptions. or they may
be brought into the record by a bill Of ex-
ceptions. 3. To question an appeal, with
out a bill Of exceptions. the giving OF In
structions or the refusal thereof, an excep-
ton must be taken to the giving or the
refusal to give each instruction and the ex-
ception signed by the judge and dated.
The series Of instructions Of which the
particular instruction forms only a part.
must then be brought into the record. 4.
II the instructions In a series are requested
by a party they must be in writing, num-
bered and signed by the party or his at
torney. If they are given by the court
of it's own motion they must be signed by
the judge. In each instance they must be
filed as a part of the record, and this fl
ing must be shown by an order book en-
try Sn.e uus.onr s... -, p,.n,-
enbaker. Delaware G. c. Affirmed. Black,
il. A. prosecution for bastardy canno
originate in the Circuit Court, but must
be instituted before a justice Of the peace,
and such proceedings are merely prelimin-
airy. 2. Where a cause is certified from the
justice of the peace to the Circuit Court
end the cause Is tried on it's merits and
judgment rendered, the result will not be
disturbed for irregularity or defect in the
mode of bringing the case to the Circuit
Court. not affecting the real merits of the
case or the jurisdiction of the court Of the
subject-matter of the action, there being
no question as to the courts jurisdiction Of
the person of the defendant against whom
judment is rendered.
BOOB. Pierce. Receiver. VS.. Jones. Upton
~ nxnrcad fIn Nv 90
ton against a receiver Of a railroad the
complaint should show leave obtained to
sue the defendant in his official capacity
or that the receiver was appointed by a
1887. b.. & o. S. w. Ry. Co. VS.. Musgrave.
Gibson c. c. Petition for rehearing over
ruled.
297O. Brown VS. Armfeld. Hendricks C..
G. Transferred to Supreme Court.
302S. Carnahan VS.. Campbell. Madison
S c. Transferred to Supreme Court.
SUPERIOR COURT.
Room John L. McMaster. Judge.
Lucretia Starr VS.. Charles Starr; divorce.
Dismissed by plaintiff. Judgment VS.. plain
tiff for costs.
Mary Roeder VS.. City strect-railroad
Company; damages. Judgment on verdict
for plaintiff VS.. defendants for $500 and
costs.
Joseph Lichstenstetter VS.. City Street.
railway Company; damages. Judgment
on verdict for plaintiff VS.. defendant for
costs.
Room FLAMES NJ. feathers, Judge.
Jacob L. Doll VS.. Anna ]. Jeffe; doing
business as "The Hecht Loan Company"
On trial by court.
Room 3-Vinson Carter, Judge.
Mary Gordon VS.. Old Wayne Mutual Life
Association; Judgment. Plaintiff dismissed
without prejudice. Judgment against plain
tiff for costs.
Indiana Bond Company VS.. Henry osten-
Gorf ct al; lien. Dismissed. Judgment VS..
plaintiff for costs.
Catherine Lemmer VS.. Mary Kelsey ct
al; account. Taken under advisement.
CIRCUIT COURT.
Henry Clay Allen, Judge
Nellie Miller VS.. Charles G. Miller ct al.
for support. Dismissed by plaintiff. Judg-
ment VS.. plaintiff for costs.
William F. Buschman ct al. VS.. Lawrence
Z. Allison; on account. On plaintiffs mo-
ton. default. submission and judgment set
aside. BY leave Of court plaintiffs file
amended complaint. Defendant defaulted.
Submitted to court. Finding for plaintiff.
Judgment VS.. defendant for $40 and costs.
Noah NJ. Harvey VS.. James w. Swailes
ct al; to quiet title. Submitted to court.
Anthony F. Zawatzky naturalized.
CRIMINAL COURT.
Fremont Afford. Judge.
Grant II. Clay; practicing dentistry with
out license. Appeal from City Court. De
ISndant arraisneu' plea OF not guilty
Trial by jury. Evidence heard. Argument
had. Instructions of court given. Jury
out.
Leo Kennedy; incorrigibility. Mrs. John
Kennedy filed affidavit. Evidence heard.
Finding guilty. Sentence suspended.
Henry Clark; grand larceny. Defendant
| ~arraigned; plea Of not guilty.
PROBATE COURT.
Letters OF administration were issued to
| Nora Callaghan in the estate of Cornelius
| Callaghan. Bond $50.
Letters of administration were issued 10
| the Marion Trust Company in the estate
| OF James NJ. Swink.
| Letters OF administration were issued 10
Robert b. Bagly In the estate of James
| thompson. Bond $500
NEW FILED.
John Neumann VS.. The Springfield Fire
. and Marine Insurance Company; complaint