The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-08


ance covers all defects of notice and gives
the court Jurisdiction.
1901. Doty VS.. Patterson. Hancock G. G.
Reversed. Monks. il Where an assign
ment CT error is joint as to all the appel
lants, as to the conclusions of law, and the
exceptions by appellants are separate and
individual, the joint assignment presents no
question for decision. 2. Where facts
found and conclusions of law show they
sustain and rest upon good paragraph of
complaint or answer, and the judgment is
rendered thereon, the error of the court in
oVerruling demurrer to other paragraphs
of complaint answer is harmless. 8.
Where there is a special finding and con-
illusions Of law thereon, and the action OF
the court in overruling demurrer to the
complaint or answer is called in question
Dy the assignment of errors, IL the same
question Is presented by the exceptions to
the conclusions of law, said conclusions OF
law being properly assigned as errors, the
court may determine such questions either
by determining the correctness of the con-
illusions of law or by deciding as to the
sufhciency Of the complaint or answer, but
1t is not necessary to consider both. 4. If
an averment essential to the suffciency of
pleading is omitted therefrom and the
special finding finds said omitted averment,
which If 1t had been contained in the plead
ing would have rendered the same suffi-
cient, will not cure the error of the court
in overruling demurrer to such pleading
o. A special finding, special verdict or
answers TO interrogatorieS cannot supply
essential averments omitted from a plead
Ing, but they, may show that errors OF the
court in ruling upon pleadings were harm
less. 6. When there is a statute authoriz-
ing the creation OF corporation, an at
tempt to comply with the statute and an
actual exercise of corporate functions, al
though some formalities required have been
omitted, there Is at least a de facto cor
poration, the legal existence of which can
only be questioned in a direct proceeding
brought by the proper party for that pur-
pose. z. The contracts of a de facto cor
he enforced
it the same as If 1t was corporation de
jure.
1902. Hamilton VS.. Gas Company. Della
ware G.. G.. Motion to dismiss postponed
until final hearing
1901. Reagan VS.. National Bank. Marion
s. c. Motion to amend assignment OF err
rors denied.
APPELLATE COURT.
9O4S. Dowagiac. etc. Company vs.. Thurs
ton. Shelby c. c. Reversed. Black, il
In contract where party agrees to set
tie with the opposite party at specified
time. either in notes or cash. on failure to
settle with notes he is bound to settle in
cash. g. The condition in a contract that
the title to goods shall remain In one party
until sold by the other or settled for as
provided, implies a settlement for goods
1904. King Downey. White c. c. Re-
versed. Robinson, il. Where a bond is
the foundation of an action the construc-
ton to be given 1t Is not part OF tine ma,
contractor for the building OF public
schoolhouse binds himself to the trustee to
pay all labor and material bills used In the
construction thereof, the contractor and
his sureties are liable on his bond to ma
terial man, although the trustee has &C
cepted the work and paid the contractor In
full: and a demand is not necessary before
suit is brought upon the bond.
2482. CASTOR vs. Bailey. Marion 5. G.. re.
tition to transfer cause to Supreme Court
rejected.
ESQ.,. Diamond, ETC., Company vs. Snow
hill. Upton c. c. Petition for rehearing
overruled.
1903. Diamond. ETC.. Company. VS.. Ware.
T yGSs Same ruling vs. covat
Upton c. c. Same ruling.
26O5. Diamond, etc. Company VS.. Han
cock. Upton c: c. Same ruling. ~,
26O6. Diamond, etc, Company VS.. Han
cock. Upton c. c. Same ruling.
2S41. Diamond, etc., Company VS.. Clem
Upton c. c. Same ruling. -
2S42. Diamond. etc., Company VS.. Cienl'
Upton c. c. Same ruling.
1924. City of Michigan City VS.. Leeds.
Laporte c. c. Same ruling.
3245. Citizens Street-railroad Company VS.:
Shepperd. Hamilton c. G. Record ordered
returned to clerks office forthwith.
SUPERIOR COURT.
Room John L. McMaster. Judge.
C,an,tal National Bank Of Peoria VS.. John
X. Carson: on note. Judgment on verdict
for plaintiff against defendant for $olA2
and costs.
damages. Judgment on verdict for defend
ants against plaintiff for costs.
Patrick Connolly VS.. Maggie Connolly;
divorce. Plaintiff dismisses. judgment
against plaintiff for COSTS
Room 3-Vinson Carter. Judge.
The Indiana Bond Company VS.. The
World Building, Loan and investment
Company ct al; lien. Dismissed and costs
paid.
e. Wood ct al; lien. Dismissed and costs
The Indiana Bond Company vs.. Saman--
tina A. Dean ct al: lien Dismissed and
The Indiana Bond Company vs. Addie c.
Davis ct al: lien. Dismissed and costs
paid.
Hill ct al: lien. Dismissed and costs paid
Taylor McAfee VS.. Central Union Teie-
phone Company; damages. Dismissed.
Judgment against plaintiff for costs
al; mechanics lien. Dismissed and costs
paid.
Association On trial by court; -
Emma McClintock VS.. Robert McClin-
took; divorce Dismissed by plaintiff. Judg-
ment against defendant for costs.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Bridget Sullivan VS.. Assignment Mutual
Savings Union and Loan Association. Sub
mitted to court. Evidence heard. Taken un-
der advisement.
Flanner & Buchanan VS.. Royal Aldrichs
Estate; claim for $164. Allowed by admin
istrator on appearance docket.
State ex rel. William II. Hart. Auditor Of
State VS. The Reserve Fund Savings and
Loan Association of Indianapolis; for re-
ceiver. Receiver files petition for instruc-
tions to recover illegally paid dividends.
Instructions given.
William Doerre VS.. Herman Doerre ct al.
partition. Commissioner files report of dis
tribution. Report approved, commissioner
discharged and trust closed.
Mary WEIGH VS.. Nora A. Simpsons Es-
tate; claim for $3.50. Taken from jury and
settled by agreement OF parties.
CRIMINAL COURT
Fremont Afford, Judge.
James Fallon, alias Mike Welch petit
larceny and receiving stolen goods. Judg
ment on verdict of jury. Fine of 81. I'm
prisonment one to three years in state
prison. Disfranchised one year.
Frank st. Clair; burglary and grand lar
ceny Defendant withdrew plea Of not
guilty and entered plea Of guilty to petit
larceny. Fined 81. Imprisonment In the
workhouse for nine months. DISTINGUISHED
nine months.
Henry Haney, alias Henry Blewitt. alias
stolen goods. Defendant withdrew plea of
not guilty and pleads guilty to receiving
stolen goods valued at SIS. Fined 81. I'm
prisonment In the workhouse for one year.
DISTINGUISHED for one year.
Ed Marbel; burglary and petit larceny.
Defendant arraigned. Plea Of not guilty to
first and second counts.