The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-16
THE COURT RECORD.
SUPREME COURT.


1865. Field VS.. Noblett. Washington G..
G. Reversed. Monks, il. When a COM
plant is upon a note executed by the wife
alone and secured by a mortgage upon her
separate real estate. there is no presump-
ton that she is surety, and the burden is
upon her to alege and prove that she ex-
ecuted the note and mortgage as surety
and not as principal. and the complaint In
such case is sufficient although no sepa-
rate facts showing that she was principal
and not surety are alleged. 2. Whether or
not a married woman is surety will be
determined not from the form of the con-
tract nor from the basis upon which the
transaction was had, but from an inquiry
as to whether or not the wife received in
person or estate the benefit Of the consid-
Grafton upon which the contract rests. g.
When an estoppel is relied upon IL must be
set forth with particularly and precision,
and nothing can be supplied by intendment
or inference, and when there is ground for
intendment or inference IL will be against
and not in favor of an e%stoppel. 4. When
a demurrer for want of facts is enormously
sustained to one or more paragraphs of a
pleading and other paragraphs are left
standing under some or all of which the
pieader is entitled to the same relief or de-
Tense without any other or greater EVIL
dence than would have been required un-
der the paragraph or paragraphs erron-
eously held bad, the error Is harmless. But
the error Is not harmless II the paragraph
or paragraphs allowed to stand impose
upon the pleader the burden Of adducing
more or different evidence than would
have been necessary under the pleading
enormously condemned.
1852. Norwood Company vs. Smith.
Grant c. c. Transferred to Appellate
Court.
APPELLATE COURT.
So41. Evans VS.. Erwin. Johnson c. c.
Reversed. Henley, il. 1T is only nee
essary for the overthrow of the gen.
eral verdict that the special findings be
in irreconcilable conflict with any one Of
the nr0nocitipnS nQCQSSQrv for the SllUn0rt
of the general verdict. 2. The special
findings should support the theory OF the
complaint.
BOSS. Robbins VS.. Board of Commission
ers. Starke c. C.. Affirmed. Robinson,
jim an appeal from a proceeding before
a commissioners court BY a person not a
party thereto he must file his necessary af-
fidavit as required by Section 1858. r. 8.
1894.
1858. City of Evansville VS.. Frazer. Van
derburg s. G. Affirmed. Black, il. This
court takes judicial notice that the
city of Evansville is a city in
corporated under the general statute
relating to cities having a popula-
ton of more than 1900 and less than
100000 as shown by the last census Of the
United States. 2. A municipal corporation
is bound to exercise active vigilance to as
certain the condition of it's streets, and IL
there has been opportunity to observe the
defect by the performance of such duty
notice Of it's existence is imputed. 3. The
officers of such corporations are charge
able with knowledge of the tendency OF
wooden sidewalks of the city TO decay and
become rotten and unsafe for the use for
which they were constructed.
SUPERIOR COURT.
Room John L. McMaster, Judge.
State bank of Indiana VS.. Lemon H. Trot-
ter eft al; on note. Finding n Judgment
for plaintiff against defendant for $225.1 II.
Marion Bond Company VS.. Frank Deup-
pleman ct al; Improvement lien. FINDING
I,,a nJainfiff mr. 1nf M o67 dQSrrfhQd in
complaint, and judgment for the sum of
49, Is, and on lot No. 253 for $5S.S4, and
costs. Decree of foreclosure and order or
sale.
Harry Temperly VS.. Manufacturers Gas
Company ct al; damages. Jury out.
Room FLAMES NJ. feathers, Judge.
Edwin d. White VS.. Ida B. White; d.
vorce. Decree granted plaintiff. Judgment
against defendant for costs. .
Katie Hackney VS.. New York Investment
Company ct al; foreclosure. On trial by
court.
Room 3-vinson Carter, Judge.
Indiana Bond Company VS.. Susan c. Mill
err ct al; lien. Dismissed by plaintiff.
Judgment against plaintiff for costs.
William w. Hudson VS.. Lydia M. Hud-
Judgment against plaintiff for costs.
Joseph w. Sewage VS.. Don K. Hall; ap-
peal. Taken under Amusement.
William Wilkins VS.. Henry Z. Cloud ct
dis, AolCSiOSbiC' VII IAdi ~ "A
CIRCUIT COURT.
Henry Clay Allen, Judge.
The Tom Fritts Hardware Company VS..
William F. Williams ct al; damages. Sub
mitted to jury. Evidence heard. Argu-
ments had. Court on its own motion in
structs jury to return verdict for defend
ant. Jury returns verdict for defendant.
Judgment on verdict against plaintiff for
costs.
Patrick H. Smith VS.. Central Union Tele-
phone Company ct al; damages. Plaintiff
dismisses cause as to defendant city of
Indianapolis. Trial resumed. Additional
evidence heard.
CRIMINAL COURT.
Fremont Afford, Judge.
Flavius Myers; grand larceny and en-
bezzlement. Defendant fled separate mo-
ton to quash each count of indictment.
Each motion overruled. Defendant ac-
cepts affidavits. Defendant arraigned. Plea
Of not guilty to both counts. Trial by jury.
PROBATE DEPARTMENT.
George III. Bachelor appointed adminis-
traitor of the estate of Margaret B.. New
comb. Bond, $500.
Collie E.. Kinney appointed administrator
of the estate of Lewis G.. Willis. Bond,
800.
George w. warmoth appointed guardian
of Clarence Whitlatch. Bond, 500.
NEW SUITS FILED.
Nellie Fields VS.. Frederick Fields; COM
pldllll lOT lNOiN ouPCiiOt Souit, INOOLu %
William j. Probst and William F. Kasse-
baum VS.. Henry Voyt; complaint on ac-
count. Demand, SIPS. Superior Court,
Room 3.
Marcus 8. Lippard VS.. John Moore: COM
plant on note. Demand, $500. Superior
Court, Room i.
Marcus S. Lippard VS.. Grant Moore and
John Moore; complaint on note. Demand,
500. Superior Court, Room 1.
State ex rel. Edwin 3. Pugh, prosecuting
| attorney, VS.. Edwin Nichols ct al; quo
| warranto Information. Circuit Court.
Charles p. Staub and Mary A. Staub VS..
Horace Z. Kinney; complaint on covenant
| warranty. Damages. 5000. Superior Court,
Room l.
John G. Ertel VS.. George c.. Swain and
Sophia Swain; possession of real estate
and damages. Superior Court, Room 1.
The Marion Trust Company, guardian.
VS.. A. S. McGorty. trustee, ct al; COM
plant to quiet title Superior Court.
Room >.