The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-15
THE COURT RECORD.
SUPREME COURT.


THE COURT RECORD.
SUPREME COURT.
Miami c. c. Reversed. Hadiey. il. Where
the error assigned is that the trial court
erred in everything appellants motion TO re-
more SPECIFIC such assignment Of error may
question one OF several paragraphs of complaint,
when the motion specifies the grounds upon
court 10 sustain motion 10 make more specific,
in a case where the motion is wen founded
8 In an action for personal injuries growing
out OF the negligence OF the defendant, the de-
PENDANT should know before the trial what par
ticular condition or conditions Will be asserted
in support Of the charge OF negligence l. Ii Is
the duty Of the trial judge to settle and sign
a bill Of exceptions. Ii it comes to him in i'm
perfect form IT is his duty &c make IL speak
the truth before signing it, and, in doing this
he has the power TO change. add to. or diminish,
until he brings IL to condition that correctly
expresses his own judgment and understanding
OF the evidence.
1926 Calvert VS.. Hendricks Boone c. c.
Affirmed. Baker, J.-if a person desires to
avoid an erroneous judgment taken before
Justice OF the peace his remedy is by appeal as
prescribed by statute.
1886 state ex rel, Repp vs. Cox org
inal action. Application for writ OF mandamus
denied. Monks. il. Mandamus viii not lie
when it is apparent from ;he bill of exceptions.
which IL is sought 10 mandate the court TO
sign. that it cannot benefit the persons applying
for IL, and when it would be useless IL signed.
?. Where IL Is sought to mandate a court TO
in favor Of the correctness of the action OF the
trial court. and IN the absence CT the evidence
THIS court must presume that the action OF the
trial court was correct 3. When question is
objected to or a witness challenged as incom-
petent in order 10 present any question for re-
view, statement of the evidence which the
witness will give in answer to the question must
be made. f. Sustaining an objection to the COM
potency OF a witness, even If the witness Is COM
petent, is not harmful or pTejudicial unless the
testimony of the witness in answer TO the ques-
ton will be competent and material.
1891 Bodette VS.. Blakely DE Kalb c. c.
Dismissed.
1881 Wilson VS. State of Indiana Shelby c.
c.. Rule VS.. Attorney General Discharged. and
time for filing brief extended to Dec. "a 1900
Minutes
1851, John Booker vs.. State of Indiana.
Kosciusko c. C. Record. Assignment of err
rors. Joinder. Waiver Of notice. Submitted
under Rule 49, Appellants brief 90.
1915 Sarah Jane Wallace ct al vs. Samuel
S. Rhodes. Marion c. C. Appelees brief.
APPELLATE COURT.
1896. L. E anc W. r. Co. Taylor.
Upton c. C. Affirmed. Henley. C. il Where
a passenger enters the of railroad COM
pany for transportation its road the pas
seDger In manner places his person in the
custody OF the railroad company. and has the
right to rely upon the railroad companys dis
charging its duty TO provide for his safety. This
duty involves the providing by the company
OF suitable and proper platforms which pas
sergers may alight from trains, and such as
sistance from the trainmen and employees as
may be necessary TO enable the passenger TO
safely alight from the train. and the stopping
OF trains at its stations in proper place ami
for sufficient length Of time enable the
passenger to alight from the train in safety.
and IL the company is negligent in failing to
discharge all or any one OF said duties and
the passenger is injured by such failure with
out fault negligence his part the COM
pany is liable for the injury sustained 2. II
is the province OF the jury to determine dis
puted questions OF fact
3Sls. Sprankle VS., Bart. Allen C. c. Az
firmed. Comstock. il. The mere fact that a
person is lawfully upon premises to clean q
n nnf alfeEl from hsG aafG of
negligence committed upon lands outside the
lines of the ditch. 2 In nng the reporters
transcript or the evidence, as provided by the
act OF March g. 1889 .acts 1899. Page 3sD. TO
get IL in the record IL must appear that time
was fixed by the court in which the transcript
or the evidence was 10 be filed by the re-
porter with the clerk, and the clerk must GER
t.fy that the certificate OF the Judge attached
to the transcript OF the evidence is that CT
the judge, with date when the same Was filed In
his office. AM also show when il was fled in
his office, end when Incorporated in the bill of
1888 Shilling Branif. Clark c. C. Re-
versed. Black, j. Instructions must be APP
the trial court TO mislead the jury by submitting
to them questions not within the evidence.
1851. State ex rel. Miller VS.. Getzdanner. Har-
rison c. c. Motion to substitute parties. APP
peal overruled and appellant granted leave 10
amend assignment Of errors, making airninis-
traitor dc bonis non party appellee and notice
ordered.
sell Reynolds VS.. Pierson. Marion s. c.
Supersedeas granted and issued.
Minutes
1855 Western Union Telegraph Company VS.
Mary +. Adams Monroe {. c. Motion tc
amend assignment Of errors and affidavit in
support. Notice served for Dec. Is. 1860.
SUPERIOR COURT.
Room John l.. MeMaster. Judge.
Charles Blondell VS.: United States EXPIRES.
Company; damages. Jury returned verdict for
plaintiff and assess his damages at $1,000
Burney Jackson the Frick Company
on contract. On trial by jury.
Room FLAMES NJ feathers. Judge
w. S. Lockman Marion county Board OF
Commissioners; witness fees submitted to court,
evidence heard; Judgment VS.. defendant sor
s69s and costs.
lien. Submitted to court; evidence heard: judg-
ment VS. defendant for s.3S on and costs.
W. c, Smith VS. w. M Roache; improvement
| lien. Submitted 10 court. evidence heard; judg-
ment vs.. defendant for 1.l5o.35 and costs.
Railway Company; damages Argument heard
| jury instructed and retired.
Room s-vinson Carter. Judge.
| Hiram L. Rose VS.. William D. Owen ct al.
| contract. Dismissed BIZ PLAINTIFF; Judgment
! against plaintiff for costs.
The Beard Of Church Extension of North
| America VS.. Christian G. Weiss ct al: foreclo-
sure Finding and judgment against defendants
Napoleon b. Black VS.. John Miller ct al
mechanics lien. Dismissed and paid.
Nicholas Hoffbauer VS.. Citizens Street-rail-
road Company: damages. The jury, failing tc
| q. Adolph wurgler VS.. Jacob Enrich ct a.
appeal. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen Judge.
| City of indianapolis VS.. Albert Blake. From
| City Court. Appeal dismissed for want &c
prosecution Judgment against plaintiff foi
| costs.
| Railway officials and Employees Accident As
| ISOLATION VS. American BonGing and Trust Com
pany; on bond. Finding for plaintiff. judgment
| against defendant for costs.
| Oliver p. Mahan Bodne and Wilson Com
| pany; contract Submitted TO court. Evidence
| heard Arguments had. Finding for defendant
| Judgment against plaintiff for
NEW SUITS FILED.
State OF Indiana relation of William l.
| Taylor, attorney general, and Edwin ID. Logs
don, certificate holder the Supreme Coun.
| Gil of the Order of Chosen Friends; for re-
ceiver. Superior Court, Room 2.
! Mary ]. Edison va William Potter; on &C
| count. Circuit Court.
| Anthony f. Kienschridt vs.. James H. Nil
| ton ct al; foreclosure OF mechanics lien. Su
| perior Court, Room 1.
Watson ]. Hasseraan VS. Lewis H. Fletcher