The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-18

estate Is held by entireties and conveyances
are made without consideration for the
purpose of vesting the title in the husband
that IL may be mortgaged to secure an in
debtedness of the husband and no part of
the money secured going 10 the benefit of
the wife nor TO the benefit of the real
estate mortgaged. the indebtedness is one
of the husband and the mortgage is void
able as 10 both husband and wife.
2 Every essential fact must be found es-
Iablishing an estoppei to authorize con-
clusion of law that party is estopped.
1850. Sherrin VS.. Florin. Grant c. c.
Motion for new bond overruled.
1901. Reagan vs. National Bank. Marion
S. G. Advanced.
Minutes
1921 Adam, Medium & Anderson Com
pany VS. Thomas Stewart ct al. Wabash
c. c. Petition for extension of time filed.
1876. State of Indiana ex rel. Sarah A.
Repp ct al. VS.. Jabez T. Cox. Original ac-
ton for writ of mandamus- Appellants
motion to strike out affidayits, ETC., filed.
1896. John w. j. Harris VS.. State of In
diana Vanderburg c. G. Affidavits of ap-
pellant in reply to motion to strike out por-
ton of record filed.
ton l.. Dieley. Cass c. G. Appellee's brief
1858. Mary A. Plank ct al. VS.. the In
diana Mutual Building and Loan Associa-
ton Huntington c. G. Agreement to SUBJ
NIT.
APPELLATE COURT
BOSS. Buffton Ice Company VS.. Richard
son. Adams c. c. Reversed. Robinson, j.
l. When the special findings sustained
by the evidence this court cannot disturb
the trial courts conclusion. 2. In order
to question the assessment of damages
awarded in a Judgment the party must as
sign as a cause for new trial the specific
reason that the amount awarded is errone-
Gus. 8. Damages awarded should not ex-
coed the amount shown by the findings.
1854. Mankedick VS. Consolidated Coal
Company. Marion S. c. Affirmed. Com
cfn Il nfc 10, hc
bound for the faithful performance upon
the part of his principal of the contract,
whether the work for which the contract
made is completed by certain date or fur
ther time is given in an action upon such
bond or suretyship, 1t need not be averred
that the time for completion had been ex-
tended.
334O. Kelly VS.. State of Indiana. Hunt
ington c. c. Reversed. Wiley, c. ITO
make good charge of libel in an affida-
Wit and information, such intrinsic facts
must be alleged by way of induce
ment TO show the person against whom the
charge is made. and also to show that the
words published were lbelous and pub
lished in a libelous sense. IL Is not enough
to set out the words and say by innuendo
what they intended to mean, the
innuendO cannot change the natural mean
ing of the words.
3l46. Woody VS.. Haworth. Howard S. G.
Affirmed. Black, J.-Where a promissory
note Is Endorsed as follows: For value
received. / guarantee the payment of the
within note when due and waive demand,
notice OF nonpayment and protest. Woody
& Haworth." Held that such Endorsement
is an original direct and absolute en-
gagement binding the signers thereof I'M
conditionally to pay the note.
3439. Adams VS.. Bullock. Knox G.. G..
Motion 10 dismiss overruled.
Minutes
3341. The Prudential Insurance Company
OF America VS.. Mary r. Sullivan. Wander
burg G. c. Appellees brief. Opinion of
.. s. G. by appellant
1860. The Midland Steel Company VS..
George a. Daugherty. Delaware c. c.. APP
pellants brief on motion to dismiss.
34z2. John b. Gregg VS.. Louis A. Buck
ley. Wells c. G. Appellants brief.
NEW SUITS FILED.
r. +. Stuart VS.. George Nessler: on con-
tract. Superior Court, Room 1.
Nancy E. Mattern VS.. Reuben III. Mat
tern: divorce. Superior Court Room l.
Curtis A. Gosnell VS.. the Indiana, Deca-
tur &c Western Railway Company; dam
ages. Demand, 5000. Superior Court,
Room 8.
Dilice Rice VS.. Edward Harris; to quiet
title. Superior Court, Room 2.