The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-28

Howard C. C. Petition of appellant to con-
solidate briefs granted
1890. Stewart VS.. Marion Trust Com
pany. Marion c. c. Cause advanced:
1928. Harlow VS.. National Bank. jack
son c. c. Publication ordered and issued.
1874. Martz VS.. Cook. Montgomery c. c.
Transferred 10 Appellate Court.
APPELLATE COURT.
1850. Williams VS.. Resener. Marion S. c.
Affirmed. Henley. il. II is the duty of
trial court 10 direct a verdict In cases
where there is entire failure of proof
as TO any material fact the establishing
Tense. 2. A judge should not submit
question TO the jury where their verdict, If
contrary to his views of the evidence and
its legal effect. would be set aside as
against the law and the evidence. 3. When
child, after reaching majority, resides
with the parent member of the family
and renders services for the parent the
law does not imply an obligation to pay
Tor such services, but presumes that no
compensation wages is intended. An
express contract TO pay will render the
parent liable. and an implied contract to
pay a reasonable compensation may be
inferred from facts and circumstances
which tend to rebut the presumption aris-
ing from such relation.
1922. Stout VS.. Price. Rush c. c. Petit
ton for rehearing overruled per curiam.
A debtor may claim his exemption at any
time before sale.
300. Lebanon National Bank VS. School
-. u.
stock, il. A claim against township
for money loaned can only be enforced by
showing among other facts the existence
OF the necessity for borrowing 2. Where
a new trial is had after an appeal and the
cause of action in the second trial is the
same the decision upon the former appeal
is the law of the case.
1854. Flint. etc., Manufacturing Company
VS.. Kerr, etc, Manufacturing Company.
Allen c. c. Reversed. Black. il. When
a guaranty by a corporation is not given
for accommodation but partially for the
benefit of the guarantor after the perform
ance of the contract such corporation Will
not be heard to say that its guaranty was
ultra wires. 2. Whatever right there may
be to recover from the corporation what
1t may have received by way of indemnity,
upon its failure to perform a void con-
tract 1t would seem that the giving of in
demnity would not vitiate the contract.
1895. Boice VS.. Rabb. Marion c. c. Petit
ton for rehearing overruled.
3043. Wolf VS.. GRADER. Marion S. c. Dis
missed.
1910. Huntington VS.. Syfers. Hendricks
G. c. Motion TO transfer to Supreme Court
sustained.
3101. Board of Commissioners VS.. Ma
tional Bank. Morgan c. c. Motion to adj
vance overruled.
1898. Supreme Court of Honor vs. Suln-
van. Vanderburg S. C. Petition to adj
vance overruled.
SUPERIOR COURT.
Room 1-James /. Baker, Judge Pro Tenn.
Emma Schroyer VS.. City of Indianapolis;
damages. On trial by jury.
Charles +. Smith, administrator, VS.. c.,
c.. c. & St L: Railway Company; dam
ages. Plaintiff withdraws motion for
new trial ON defendants motion. Judg-
ment verdict for the defendant. Judg-
ment against plaintiff for costs.
Room Flames M. feathers, Judge.
VIM. H. Wishard VS.. George Harness ct
al: account and note. On trial by court.
Room 3-vinson Carter. Judge.
James p. Quick VS.. John Tharter ct al;
mechanics lien. Finding for defendant.
Judgment against plaintiff for costs.
German-American Building Association
VS.. Joseph T. Gist ct al; foreclosure. Dis
missed and costs paid
Les. Sutton VS.. Milton r. Vest; foreclos-
ure Finding and judgment against de-
PENDANT for $685. and costs. Decree OF
foreclosure.
Jessie M. Overman vs. Harry w. Over
man ct al; support. Dismissed at cost of
defendant. Judgment against defendant
for costs
John NJ. Bole VS.. Walter r. Beard; APP
peal. Dismissed for want of prosecution.
Judgment against plaintiff for costs.
o. c. Myers VS.. Louise Beine; mechanics
lien. Dismissed and costs paid.
VIM. c. Maffit VS.. Louise Beine; me-
chanlc's lien. Dismissed and costs paid.
Eddy-Webster Company VS.; Frank G.
ment against plaintiff for costs.
Flora A. Adams, administrative, VS.. John
w. Courtney. Dismissed Judgment against
plaintiff for costs.
The Marion Bond Company VS.. Georgiana
Smith ct al; lien. Finding due $203.S0 on
Lot 1; finding due $203.S0 on Lot 2; finding
due s2o3.S0 on Lot 5. Decree of foreclosure.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Kate Sheehan eft al VS.. Hannah May
Finn ct al: partition. Finding for defend
ants complaint and for defendant Han
nah May Finn on cross-complaint. Judg-
ment quieting title in Hannah May Finn
and that each party pay their own costs.
Delphina Compton VS.. Catherine Minch;
SANDER. Dismissed for want of prOsecu-
ton. Judgment against plaintiff for costs
Karl Haupt VS.. Indianapolis Planning Mill
Company; for receiver. Appointment of
temporary receiver waived Cause SUBJ
mitted for final hearing. Evidence heard.
Indiana Trust Company appointed receiver,
and by John A. Butler secretary, accepts
trust.
David Robinson vs. Indianapolis Street.
railway Company; damages. Submitted to
jury. Evidence heard in part.
CRIMINAL COURT.
Fremont Afford. Judge.
Isaac A. Samuels; doing business without
license. Defendant arraigned. Plea of
guilty. Fine, S..
Calvin I. Fletcher: attempting criminal
operation. Trial resumed. Jury sworn.
NEW SUITS FILED.
Charles E. Murphy VS.. Della Murphy; di-
vorce. Superior Court, Room g.
The ]. +. Darmody Company VS.. The CO.
lumbar Peanut Company ct al; contract.
| Superior Court, Room l.
Mary Farran VS.. George Farran; divorce.
Circuit Court.
Sarah ]. McKibbon vs.. James 8. McKib-
bon; divorce. Circuit Court.
Edwin Jones VS.. Joseph M. Hanslmair
| and Cora Hanslmair; action for recovery
| of money and to set aside conveyance
Charles B. Sewage VS.. Anna G. Selyage;
| divorce. Superior Court Room g.
Elizabeth Martin VS.. Archibald d. Mar
In. oil 81 E0o