The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-21
THE L RECORD.
SUPREME COURT.

THE COURT RECORD.
SUPREME COURT.
1929. Hanes VS.. State OF Indiana. War
rem e. G. Affirmed. Hadley. III. In
tent is a mental function and where not
contaminated IL is impossible 10 know
with absolute certainty what was operating
in the actors mind. and in such cases IL
must be arrived at by courts and plries
from a consideration of the conduct and the
natural and usual sequence TO which such
conduct logically and reasonably points.
2 When there Is no evidence of criminal
intent the intent must be inferred from
the facts proven. 3. While the State cam
rot imoeach its own witness. nor CONTRA
diet such witness for the purpose Of dis
crediting the testimony of such witness.
yet the State may prove by otner evidence
the existence of a fact denied by its wit
ness even though such other evidence has
the effect of discrediting the witness.
1881. County Council VS.. School City Of
Shelbyville. Shelby c. g. Reversed.
Bowling. III. The act of March 6 lSss.
(Acts 1893. p. 500 does not lay upon the
Board OF County Commissioners the duty
of ascertaining the names OF the children
for whom books and clothing should be
furnished: such duty is imposed upon the
Board OF School Trustees, township trus-
tee or city commissioners who are TO fur
nish temporary and and then file the names
of the children so aided. 3 Where there
has been no aid given children by the
school city, etc, and nc list OF the children
aided filed with the auditor the board OF
commissioners cannot be compelled to
make an appropriation for the benefit Of
such needy children.
1900. Blue VS. Beach. Nigo c. g. Pc
ton for rehearing overruled.
Minutes
1884. Samson J. North vs.. William c.
DAVIDSON ct al. Kosciusko c. c. Waiver
of notice filed.
1881. solomon johnson. administrators. et
al. VS.. Adrienne A. Johnson. Wells {. &.
Time extended TO Aug 1. 1900.
1925. Joseph Henry Nef et al. VS.. Birdie
NJ. Cordrey. Allen c. c. Motion for re-
1854. Harry spencer Brown ct al. VS..
Julia B. Toilette. Lake c. c. Oral arsu-
w. Peters. Jasper c. c.. Appellants
brief go.
1884. The Ohio Valley Conn Company
VS.. Martin Goble. Dearborn c. c.. Appel
lant's brief 60.
APPELLATE COURT.
1906. Crosby VS.. Pierce. Grant c. c. AZ
hrmed. Henley, il. When the evidence
upon the material issue is conflicting this
court Will not weigh the evidence. ?. In
an action for rentals on an oil and gas
lease where rent is to be paid during the
second year of the lease in case the lessee
fails to drill wells, an averment that the
rent for the first years lease was paid
does not aid that compls lnt nor render the
same insufficient when the action is for the
second years rent.
BIS. State of Indiana vs. Trueblood-
~ <tAA fiCu. Nit -
| Material matters In either civil or criminal
pleadings must be directly alleged and not
stated by way of recital. ?. An Indictment
against county commissioners for wrong
fully allowing claims based upon Section
1858. Burns, 1894. the allegation as 10 the
| necessity of the allowance made should
be by direct averment and not by way OF
recital, and IL should be charged that the
allowance was made out OF the moneys
of the county. 3. The words Illegal and
"unwarranted' are conclusions of law and
do not describe the ofense attempted to
be charged. T. Where the charge Is that
the board of commissioner wronefuily
allowed a claim Of the county auditor IL
should show that the claimant was the
the claim was made, were rendered. and
also auditor at the time the claim was
filed and allowed. D. An indictment upon
a statute must state the facts which con-
stitute the definition of the offense I'm the
2s29. Burket vs. Miller. Howard s. c.
Petition for rehearing overruled.
1858. indianapolis, etc, Gas Company vs..
| Pierce. Hamilton c. G. Petition for re-
hearing overruled.
s22s. Third National Bank vs.. capp-
Shelby c. c. Petition for rehearing over
ruled.
3l5s. Good Roads Machinery Company
VS.. Thomas L. Moore ct al Kosciusko c
c. Appellants notice OF argument and
points for argument.
1895. Ellen Leary ct al VS.. Benjamin
| Richcreek. Marion S. Appellants brief
on motion TO dismiss filed.
| 332S. Buckeye Manufacturing Company
VS.. wolley Foundry Machine Works. Mad
ison c. c. Petition for extension, etc.,
granted.
SIP. Philip a.. Hildebrand. trustee. vs..
Satley Manufacturing Company. Marion
c.. c. Appellants petition and brief for
rehearing.
SUPERIOR COURT.
Room John L. McMaster. Judge.
Fred kIItner VS.. Elmer K. West: on
note. Finding and Judgment for plaintiff
against defendant for $4ss.2 and costs.
Room 2-James NJ. feathers, Judge.
William Kokomiller VS.. William Essman.
superintendent work house: habeus cor
| pus. Finding that plaintiff be discharged
Judgment against defendant for costs.
A. kiefer Drug Company vs.. Henry w.
Duke ct al; foreclosure. Submitted to
court. Evidence heard. Finding and Judg-
ment against defendant. Henry w. Duke.
for sS3. 20 and costs. Sale ordered.
Room 3-vinson Carter. Judge.
James l.. Mitchell VS.. James l.. Mitchell.
trustee, ct al; foreclosure. Finding and
judgment against John w. Perham and
Eva Perham for s.lSz3 and costs Decree
OF foreclosure.
Consolidated Coal and Lin Company VS..
Thomas @. Davidson ct al: attachment.
on trial with the case OF Samuel Hollensbe
W.. Thomas @. Davidson et al: lien. On
trial by court.
John Gordon VS.. John Aufderheide ct al;
appeal. Taken under Amusement.
CIRCUIT COURT.
Henry Clay Allen. Judge.
William 6. Tuser vs.. Charles w. II.
Tuser: partition. Infancy OF defendant
suggested. Sherman Steele. attorney. APP
pointed guardian ad Item. Submitted TO
court. Finding for petitioners and that
property Is not Invisible. Sale ordered.
Charles Harrington appointed commits
sioner TO sell and ordered 10 nle bond In
sum OF 5000.
on motion of Ira NJ. Holmes. Frank p.
Baker admitted TO bar.
Emma w. Hanch et al. vs. Mary Hays ct
al; contest OF will. Trial resumed. Add
tional evidence heard.
On motion OF George ". Spahr. James
EDWIN McSurely admitted TO bar.
NEW SUITS FILED.
The Merchants National Bank OF In
dianapolis vs.. Peter c.. Weyenberg ct al.
on note. Superior Court. Room 3.
James +. Berry vs.. ROYAL G. Hammer:
on note. Superior Court, Room I.
August M. Kuhn vs.. Mary Mankedick ct
al: on note and mortgage. Superior Court.
Room l..
Martha Parkhurst W. August Alth0ff:
on account. Superior Court. Room ).
John B. Sherwood vs. Isaac @. RUSSELL.
on account. Superior Court. Room 3
Michael Il. Higbee W. Mary a Higbee:
divorce. Circuit Court.
Jennie knauss ~. Miles ID. knauss. d.
vorce. Superior Court. Room }.