The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-01
THE COURT RECORD.
SUPREME COURT.

principal distinction between the tOrt1OuS
taking OF the property OF another by false
pretenSes and by such active fraud as con-
SttuteS larcency is that in the former the
owner voluntarily and Intentionally parts
with the possession and title of his prop
erty, being induced thereto by the false
pretenses and deception of the defendant,
while in the latter he ignorantly and unin-
tentionally parts with the possession but
not with the title. IL being essential to the
transfer of the title that the act be ac-
companied with knowledge and intention.
3. Where person by promises and rep
reservations induces another to sign a
check for certain amount and deliver the
same to the former and it develops that
the cneck was for a much larger sum than
represented, such person is guilty of OBJ
tanning property under false pretenses. 4.
gift may be the subject of false pretense.
1882. Green VS.. Heaston. Huntington G.
c. Affirmed. Monks, il. Where a petit
ton is filed in a state court to remove the
cause to a federal court, unless from the
petition and other matters properly in the
record when the petition and bond are filed
the facts showing Jurisdiction in the fed
eral court appear the state court is not
bound or authorized to surrender its juris-
diction 2. 1t is essential to the right of
removal of a cause from a state to a fed
eral court on the ground Of diverse citizen
ship that all the defendants shall be citi-
zens OF different States from the plaintiff,
or that the case be one capable of separa-
ton into parts so that in one of the parts
controversy will be presented with citizens
of one or more States on one side and citi-
zens of other States on the other side
which can be fully determined without the
presence of any of the other parties to the
suit as 1T has begun. 3. The petition for
removal of cause from state court to
the Circuit Court of the United States must
state the facts which warrant such re-
moval and give the latter court jurisdic-
ton, and the facts must be stated spe-
officially as general allegation in the Ian
guage of the statute Is insufficient. 4.
right removal claimed
upon difference in citizenship the citizen
ship of each party should be alleged And
1t must be alleged that the difference in
citizenship existed both at the time of the
commencement of the action and when the
appncation for removal is made. 5. Where
there is a joint assignment of error by two
or more appellants challenging the correct
ness OF one or more rulings of the trial
court, the error or errors, IL any, in said
ruling must be joint against all the ap-
pellants joining in the assignment or the
same will not be available. 6. The rules of
this court require that the lines on each
page of the transcript be numbered and
that the briefs of counsel shall refer to
transcript by page and line.
APPELLATE COURT.
1926. International. etc., Association VS.
Bratton. Boone c. c. Affirmed Henley
il. Where a mortgage given by bor-
rover from a building association provides
that the borrower shall not be bound to
pay on his loan longer than a stated period
such contract is binding upon the associa-
ton when complied with by the borrower.
2. When a contract has been executed by
a corporation and fully performed accord
ing to it's terms by either of the parties to
1t neither party will be permitted &c say
that the contract was not within the power
of the corporation.
295S. Indianapolis, etc, Gas Company
VS. Pierce. Hamilton c. c. Affirmed.
Comstock. il. Where land was leased
for the purpose of granting the privilege
Of ~ nd inn nd nj xvaI
thereon, and both lessor and lessee assign
and transfer their iterest to other separate
parties, in an action by the assignee OF the
lessor against the assignees of the lessee
for the rent the original lessor Is not Il
necessary party when the assignment was
in writing on the lease. 2. Parties TO
contract may stipulate for the amount of
damages on account Of the breach of the
contract. 3. A lease may be assigned by
the lessor so as to give to the assignee the
right to receive rent reserved without
sale or transfer of the revisionary interest.
4. Where the time for lease has expired
the lessor may transfer his right of action
on the lease. s. Where all the terms OF a
contract have been complied with it could
not have failed Of execution by reason uf
the imperfect description of the property
described in the contract.
$3.50. State of Indiana VS.. Trueblood.
Lawrence c. C. Affirmed. Wiley. c. ] -
This cause is affirmed upon the authority
of State VS.. Robertson C55 N. z. Rep. 49,
SUPERIOR COURT.
Room John l.. McMaster, Judge.
Joseph A. Williams VS.. John H. Murphy.
Judgment for platinum for $426 and costs.
Suit on account
Room flames NJ. feathers, Judge.
Viola Gray VS.. James NJ. Halstead ct
al; dana ges. Jury returns verdict in favor
of plaintiff as against James NJ Haistead
and assesses her damages at $500.
Marion Bond Company, trustee, VS.. Chas.
+. Martin ct al. Improvement lien. Dis
missed and costs paid.
Marion Bond Company, trustee, VS.. Chas.
Hahn ct al.; improvement lien Dismissed
and costs paid.
Sarah A. Denny VS.. Indianapolis Gas
Company: damages. On trial by jury.
Room 3-Vinson Carter, Judge.
Augusta Mix VS.. Frank Mix. divorce,
Dismissed by plaintiff. Judgment against
defendant for costs.
CIRCUIT COURT
Henry Clay Allen, Judge.
Violet Bartlett VS.. Alfred Hoover; par
tition. Commissioner files final report of
distribution. Approved. Commissioner
discharged and trust closed.
Philippine Waller ct al VS.. William Wal
Ter eft al. partition. Commissioner files
final report of distribution. Report APP
proved. Commissioner discharged and trust
closed
Matter of the requsition of Robert P.
Morris, alleged fugitive from justice from
the State of Illinois. Continued for hear
ing until Thursday at p. m. By agree
ment of parties defendant released on his
own recognizance
John c. Snider VS.. Sarah M. Snider; di-
vorce. Defendant defaulted. Submitted to
court Evidence heard. Finding for
plaintiff. Decree of divorce. Judgment
against plaintiff for costs.
Albert II. Johnson VS.. Frank s. Foster;
complaint. Change of venue from judge
granted and John l.. McMaster. judge of
the Superior Court, appointed special Judge
to try cause.
Addison s. Morgan VS.. Alice Long ct al;
to quiet title. Dismissed by plaintiff. Costs
paid
Wilbur F. Browder, administrator, VS..
Frank r. McCabe ct al; conversion. Jury
instructed and retired. Returned verdict
for plaintiff for $3,7i0.
Emma Cook vs. Isabella Cooks Estate;
claim for s., 800. Submitted to jury. Evil
dence heard in part.
CRIMINAL COURT.
Fremont Afford. Judge.
State of Indiana VS.. Frank Pierce, Jessie
Thurber and William Preston: grand lar-
ceny. Pierce withdrew plea of not guilty
and entered a plea of guilty to petit lar
ceny. Taken under advisement by court
State of Indiana VS.. James n. Fatout;
petit larceny. Defendant withdrew plea of
not guilty and pleaded guilty. Fined $780,
Imprisonment sixty days in county jail
and disfranchised sixty days.
NEW SUITS FILED.
Richard Meek VS.. New York Investment
Company ct al: mechanics lien. Superior
Court. Room L.
Anna +. Dunlap VS.. Joseph A. Dunlap;
State of Indiana rel. John Milton
Rhodes VS.. Indiana Board of Pharmacy;
writ Of mandate. Superior Court, Room l.