The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-20

i. In actions for personal injury this
court has but appellate jurisdiction and IL
Is authorized TO hear and determine such
causes only upon the record as IL has been
made In the trial court when certified up
by its clerk. 2. When an action is prose-
cuted to final judgment in the lower court
and reversed on appeal because the PLAIN
tiff below was not authorized 10 bring the
action the real party In interest cannot be
substituted in this court.
| 1888. State ex rel. Little vs.. Parsons.
hamilton c. c. Affirmed. Baker. c. il
Section 255S, Burns, 1884. applies TO guardian
ships and the lapse of three years after
final settlement is d complete bar TO sub
sequent proceedings upon the settlement In
case of fraud or mistake.
1913. City of South Bend vs.. Reynolds.
st. Joseph c. G. Reversed. Monks. il.
Rent for suitable offices for the officers
of a city is an ordinary and necessary ex-
pense. ?. When a city agrees to pay rent
for offices annually or monthly the con-
tract does not create an Indebtedness for
the amount of all the annual or monthly
payments.
1850. Terre Haute & Indianapolis Rail-
road Company vs.. Sheeks. Marion S. c.
Petition for rehearing overruled-
1906. Hook VS.. Ayres. Marion c. c.
Dismissed.
1890. Monroe VS.. State ex rel. wollard.
Delaware c. c. Petition TO advance re-
fused.
1885. Schaefer VS.. Reminger- Bartho'e
NEW c. G. Motion TO dismiss postponed
till final hearing and motion for certiorari
refused.
APPELLATE COURT.
3i49. Bogue VS.. Murphy. Pulaski C. C.
Motion and application for an alternative
writ OF mandate overruled. Wiley, il.
A judge who improperly refuses to settle
and sign a bill of exceptions can be re-
quired TO do so by mandate. but he cannot
be directed as to what ne shall put into a
bill of exceptions where there is "A contro-
versy as to what the bill shall contain. 2.
The determination as 10 what facts shall
be stated in a bill of exceptions is q judi
cial act and a superior tribunal cannot
compel an inferior tribunal to say what
shall go into such bill. 3. When a litigant
a bill of exceptions which he believes en-
braces all the facts. or "a proper BILL such
litigant discharges the duty cast upon him
by the law. 4. Delay on the part of a
judge I'm signing and filing a bill of excep-
tons when it has been presented to him
within the time given, cannot affect the
rights of the parties. 5. Where a bill of
exceptions is signed by the Judge. and
which, from the record. imports absolute
verify although not filed within the time
given. and it is also shown that a bill was
rendered within the time, the court must
regard the bill filed as a corrected one.
1913. Ayres VS.. Foster. Huntington G. G.
Affirmed. Black, il. Where the de-
PENDANT in an action is a receiver appoint
ed by a county Circuit Court it is neces-
sary to aver i'm the complaint that plain
tiff was authorized by the court TO bring
the action against the receiver. ?. When
the authority of a plaintiff to sue is not
questioned properly in the pleading IL is not
necessary to show such authority in evil
dence. 3. The possession of a promissory
note by n reputable person other than the
payee is prima facie evidence of owner
ship and of the authority of such person
TO collect the note whether Ii has or has
not been Endorsed by the payee in writ
ing. 4. The failure to take advantage of
a defect of parties by demurrer or answers
L in q he fopoanf yCafxac ctroh nhioeftnn
310l. Board OF VS.. First
National Bank. Morgan c. c. Reversed.
Robinson c. il. All property within the
jurisdiction of this State is subject to taxa
ton unless expressly exempted. .. In an
action, under Section 7915-79l7, Burns. 1894.
to recover taxes alleged TO have been
%wrongfully and illegally assessed. it must
be made to appear that the assessment
was not only irregular and unauthorized,
but that the property was not Justly subject
to the assessment. 3. Real estate is not
stock of a national bank. 4. Real estate
is assessed as such i'm the township, town
or city where located.
S2l2. Cruson VS.. Coots. Clark c. c..
Transferred TO Supreme Court.
32l5. Comstock VS.. Brandon. Wells G
c. Transferred 10 Supreme Court.
1886. Bonham vs. McGeath. Blackboard
G. G. Transferred TO Supreme Court.
aOs9. Cincinnati. Indianapolis & Louis
vile Railway Company VS.. Neff. Mont
gomery c. c. Petition for rehearing over
ruled.
3414. City of Evansville VS.. Senhenn.
Warrick c. G. Motion to dismiss overruled.
Minutes
1890. p, c., c.. & st. i. Railway Company
VS.. Artie s.. Street. Henry c. c.. Appel
lant's brief filed.
3473. B. e. o. S. w. Railway Company VS..
John s. Harrison. Knox c. c. Appellants
brief () filed.
3474. 3. & o. S. w. Railway Company VS..
Anthony s: Adams. Knox c. C. Appellants
SS45. William v. Rocker VS.. Theodore F.
Smither. Marion S. c. Appellee's brief
filed.
SUPERIOR COURT.
Room John l.. McMaster, Judge.
Melvina Stallard VS.. David johnson and
George Pitts; appeal. Finding for defend
ant Pitts. Judgment against plaintiff for
costs.
Arthur Jordan Company VS.. Capital Pa
per Company: appeal. Dismissed and costs
paid.
Room flames NJ. feathers, Judge.
Richard NJ. Johnson VS.. Old-line Insur-
ance Company: contract. Judgment on YER
dict against defendant for $25S. S5 and costs.
Edward T. Jared vs.. Sylvester Johnson:
contract. Dismissed for want of prosecu-
ton.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Edith Steiert VS.. Henry Steiert; divorce.
Defendant defaulted. Submitted TO court.
Evidence heard. Finding for plaintiff. De-
cree Of divorce. Custody of child. Earl
Dawson Steert, given plaintiff. Judgment
against defendant for costs.
Emma w. Hanch VS.. Mary Hays ct al;
to contest will. Trial resumed. Additional
evidence heard.
CRIMINAL COURT.
Fremont Afford. Judge.
Louis Renkert; doing business without IL
cense. Plea of guilty. Fined So.
Edward Ferger; doing business without
license. Plea of guilty. Fined IS.
Frank Owens; petit larceny. Louis E.
Mckinney files affidavit.
NEW SUITS FILED.
George L. Davis VS.. Emma Davis: d.
vorce. Superior Court, Room 2.
Amelia NJ. Green VS.. Stewart Green; d.
vorce. Circuit Court.
Henry Frommeyer. and Herman From
meyer VS.. Anthony Matz; on account SUI
perior Court, Room 1.
Clara Hahn VS.. William z. Hahn; divorce.
Superior Court, Room ].
The Union Trust Company of Indianapo-
lis. trustee, VS.. Charles ]. ". Shearer ct
al: in mortgage foreclosure. Superior
Court, Room j.