The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-11
THE COURT RECORD.
SUPREME COURT.

SUPREME COURT.
19207. Whitney VS.. the State. Marion
c. c. Affirmed. Bowling, il. The hos
tility of witness toward a party against
whom he is called to testify is always a
circumstance affecting his credibility. and
dence. 1t may be shown by the cross-ex-
animation of the witness himself or other
witnesses may be called who can swear
It is not o Collateral fact regarding which
a party is bound by the answer of the wit
ness on cross-examination. If he denies
that he entertains any hostility of feeling,
other witnesses may be called to contradict
him. But where witnesses are SO called
to discredit another witness, the rule re-
quires that they shall state his declarations
of unfriendly or hostile feeling, or the
facts which imply hostility and not their
own opinions. 2. Where an objection to
evidence is sustained, if it appears that
the evidence was inadmiSsible for any
reason, and that the decision excluding 1t
was correct, 1t makes no difference whether
the ground of the objection was sufficient
or otherwise. g. 1t is improper to allow
an impeachment of testimony by questions
the trial court excluding the testimony
of a witness can be presented only where
pertinent question has been propounded,
and upon objection thereto before rul-
ing on such objection, statement has been
made TO the court of the testimony the wit
ness will give, IL permitted to answer such
questions, and an exception reserved at
the time to the ruling of the court. 5. In
giving instructions the court has a right
to assume that admitted and proved acts
took place. 6. new trial is never grant
ed upon the ground of newly discovered
evidence when such evidence Is intended
only for impeachment
Minutes
1902 John Y. Chisholm VS.. Edward E.
Towle, trustee. Lake s. c. Appellee's mo-
ton to dismiss.
1883 In the matter of the application
for the removal from office of John I.
Paskins as trustee of Hensley township.
In Johnson county, Indiana. Marion G..
c. Brief for State (S) filed.
1924 John James Sheriff VS. Board Of
Commissioners Of Henry county. Henry
c. c. Appellants brief.
1922 BENJAMIN F. Rooms. administrator.
VS.. Charles Benton Manifold. Henry c.
C.. Appellants brief
| 1850 Henry G. Hess VS.. The Union State
Bank of Bremen, Ind. Marshall c. C.
Appellee's brief.
1892. Howard McCaughey VS.. State Of
indiana India a, Huntington c. c. Appellants
1924S Seymour Barnett VS.. Della Barnett.
| Jay c. c. Appellants brief.
APPELLATE COURT.
1922. Center Township. Grant County VS..
| Davis. Grant s. c. Affirmed. Comstock,
the record that the judgment of the court
was not rendered upon a certain paragraph
of complaint on appeal 1t Is unnecessary
to consider questions raised by demurrer
to such paragraph 2. When a complaint
| is challenged in the Appellate Court for the
| first time, all intendments are taken in
| favor of the pleader, and it's defects If
any, such as might be supplied by proof,
are cured by the judgment. 3. This court
must accept the Judgment of the trial
court upon the evidence If the evidence
fairly tends to support the Judgment
| 311S King VS. King. Morgan c. c. Re-
verSed. Henley, il. When the facts
as found show that property of wife
passed into the hands of her husband with
a gift intended whether the hus-
band received the money as her agent or
| trustee. the law will presume that it was
not gift 2 In order to charge the es-
| tate of the husband with interest upon
| funds in his hands belonging to his wife
| and which he held her trustee, there
must have been an agreement to pay in
terest. or the demand for the money. and
| money must have been taken by such
trustee and held against the wife's wishes.
| Minutes
2637 s. Nevin Hench ct al. VS.. George j.
Encock. trust. Tippecanoe c. c. Petit
$780, 70 P ' CO G. s ST. l. n Ry Co. VS. Artie
S. Street. Henry c. c. Appellants mo-
ton for additional time to file brief filed.
3439. William Adams VS.. Jasper Bullock
Knox c. c. Appellants brief on motion to
$751; Henry Nicer VS. Board of Commits
sioners of the County of Shelby Shelby
c. c. Appellee's brief.
| SUPERIOR COURT.
| Room John L. McMaster, Judge.
Jefferson G. Duzan VS.. Galahiel b. Dale
| Called for trial, and plaintiff failing to ap-
| pear, cause is dismissed for want of prose-
| cution.
| vernung P. Evans VS.. Ganise NJ Closer:
appeal Jury returns verdict for plaintiff
| and assess his damages at so. 05.
+! Herman Kirkhoff VS.. Wilhelmina Caynor
/ ct al: foreclosure Finding and Judgment
| for plaintiff against defendant for s247 II
| and costs. Finding for other defendant
| against plaintiff on cross-complaint for
| s462.2 and costs.
Nettie Custer VS.. Union Central Life In
| surance Company; on policy. Finding for
defendant. Judgment against plaintiff for
costs.
Anna Gee VS.. Claude Stackhouse; appeal.
| Plaintiff dismisses at her costs.
Indiana Mutual Building and Loan Asso-
/ citation VS.. Catherine Stewart; mechanic s
lien. On trial by jury.
Room FLAMES NJ. feathers. Judge.
Colbert Manufacturing Company VS.. In
dianapolis Gas Company; damages. Dis
| missed and costs paid.
Emma Williams VS.. Edward Williams;
| divorce. Decree granted plaintiff. Judg-
| ment against plaintiff for costs.
Charles E. Dryer. Special Judge.
Alvin T. Clark VS.. Annie Perry: note.
Evidence and argument concluded. Jury
| instructed and retire.
Room 3-vinson Carter. Judge.
Charles E. Cozatt ct al. VS.. A. c. Jones:
mechanics lien. Dismissed and costs paid
| Louisa Bernhardt indianapolis Street.
railway Company; damages. Finding for
/ defendant.
/ CIRCUIT COURT.
Henry Clay Allen, Judge.
| The Alabama street Building Association
vs.. Elizabeth A. Smith; foreclosure. Final
report approved. Receiver, as ordered