The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-30

in force at the time or the trial, the lee
evidenced by the tax deed was not lost or
destroyed by it's holder subsequently Sc
curing possession from an occupant who
claimed life tenancy. 2. The right OF
party to recover for improvements made
is purely statutory and can be exercised
only by conforming to the occupying claim
ant law. g. Ii is improper to admit evil
dence of the rental value of real estate
the title to which is disputed i'm the action
and no issue is made as TO whether the
title of the person in possession is merely
a lien.
1921 Jones vs. Mayne Wabash c. c.
Petition for rehearing overruled.
1924 Clark VS.. Darr. Elkhart G. G. Pc
tition of appellee for extension of time
granted.
1s3O9. Ray VS.. Glessner. Shelby c. C.
Cause advanced.
APPELLATE COURT.
1891. Lindley VS.. DarnaIl. Boone G. c.
Dismissed. Black. J.-Where no appeal
bond is filed within ten days after the de-
cision complained of is made. and the taxi
ing OF the appeal is governed by Sections
2609 and 26l0 Burns 1894, the appeal cam
not be taken, except by leave of this court,
without the filing of an appeal bond and
the filing of the transcript as provided by
the statute.
297i Citizens VS.. Mcdonnell Marion S.
C. Affirmed. Henley, il. Where there
is evidence supporting every issue pre-
sented this court cannot disturb the YER
dict of the jury ?. Where the question
with the requirements of the contract the
question as to what extent ought the shade
of the color of the granite be the same is
one which belongs to the jury. 3. A wit
ness cannot express an opinion upon a
point which il is the duty of the jury to
determine. L. What party to a transac-
ton says to another person in tho absence
of the other party thereto is not binding
upon the latter.
SUPERIOR COURT
ID Dr., Tor
Emma f. Schroyer VS.. City of Indian
apolis. Jury returned verdict for defend
ant.
Rose Mathews VS.. Citizens Street-rail-
road Company. On trial by jury.
Room Flames NJ Leathers, Judge.
VIM. III. Wishard VS.. George Harness ct
al; account and note. Evidence and argu-
ment concluded. Taken under advisement
Jacob NJ. Hollingsworth VS.. James +. Abb
bolt ct al; injunction. On trial by court.
Evidence partly heard and continued.
Room 3-Vinson Carter, Judge.
John C. Dunn VS.. Frank McCray ct al;
mechanics lien. Taken under advisement.
James H. Thompson VS.. Sarah G. Thomp-
son: divorce Dismissed for want Of prose-
cution. Judgment against plaintiff for
costs.
Minnie +. Porter VS.. Joseph Porter: di-
vorce. Dismissed for want of prosecution.
Judgment against plaintiff for costs.
Alton Bartholomew VS.. Alice j. Bartholo-
NEW: divorce. Finding for defendant.
Judgment against plaintiff for costs.
Emerson Williams VS.. Peter c. Weyen-
burg eft al: mechanics lien. Finding and
judgment against defendant for $3.50 and
costs.
VIM. p. Herod VS.. Brown Shoe Company
ct al. Dismissed and costs paid.
Ella Jameson VS.. Home Indemnity Insur-
ance Company ct al; policy On trial by
court.
CIRCUIT COURT.
Henry Clay Allen, Judge.
r. w. Wilbur VS.. Samantha j. Roberts's
Estate. Submitted to court. Evidence
heard. Allowed for SIS at costs Of estate.
State ex rel. Minnie Stallard VS.. Clarence
Humphrey; bastardy. Defendant dis.
against defendant for costs.
State ex rel VIM. G. Smith, special drain
age commissioner, VS.. Corydon r. Sinner;
to collect assessment. Settled. Dismissed
David Robinson VS.. Indianapolis Street.
railway Company; damages. Jury return
verdict for plaintiff for $1,000.
f. Z. Northrup VS.. Dina Milligan; unlaw-
full detention etc. From j. p. Submitted
to jury. Evidence heard.
Matte G. Dahl Old Wayne Mutual
Life Association; insurance certificate. Dis
missed by plaintiff. Judgment against
Jacob Metzger VS. Charles Koehne ct al. I;
on note. Dismissed by plaintiff. Costs
paid.
CRIMINAL COURT.
Fremont Afford, Judge.
Calvin I. Fletcher; attempting criminal
operation. On trial by jury. Evidence con-
Guided.
NEW SUITS FILED.
Thomas c. MORGAN VS.. Ida NJ. Morean;
divorce. Superior Court, Room 3.
Anna Barnett VS. Harry Barnett and the
Indiana Bicycle Company; complaint for
support. Circuit Court.
Henrietta Lane VS.. Curtis b. Raymond ct
al; to foreclose mortgage. Superior Court,
Room 3.
Mary A. Walton VS.. The Indianapolis
Street-railway Company; damages. De-
mand. $4,000. Superior Court, Room 3.
Noah Freeman VS.. Laura Freeman; di-
vorce. Superior Court, Room 1.
Indianapolis Tobacco Works VS.. George
III. Williams and John w. Trenck; COM
plant for damages and injunction. Superior
Court, Room 1.