The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-27
THE COURT RECORD
SUPREME COURT.

1889. Smith vs. State of Indiana. War
rem c. G. Affirmed. Hadley c. J.-lnstruc-
tons in a criminal cause can only be
brought into the record by a bill OF excep-
tions.
1899 Owens VS.. Dresback. Grant c. G.
Dismissed. Baker, ITO give this court
jurisdiction of an appeal taken In vaca-
ton, appellants should make all their CO.
parties to the judgment coappellants in this
court.
1924 Pritchett VS. Cox. Knox c. G. At
firmed. Bowling, il. justice OF the
peace has jurisdiction TO assess punish
ment by a fine, where the punishment may
be by fine only, or by fine with discretion
to add imprisonment 2. Where justice
of the peace had jurisdiction of the subject
matter and tried and convicted the defend
ant of a misdemeanor no formal error or
irregularity in the proceedings of the JUS
tice will authorize the discharge of the de-
PENDANT from the custody of the sheriff on
writ of habeas corpus. 3. NO question as
to the sufficiency on affidavit upon which a
defendant is convicted can be raised on a
habeas corpus proceeding. a. After find
ing of guilty in prosecution before JUS
tice of the peace the latter can do nothing
but render judgment on the finding. B.
Motions in arrest of judgment do not APP
ply to the practice before Justices or the
peace.
Dismissed.
1888. Sandman VS.. Maxwell. Jay c. c.
Petition for rehearing overruled.
APPELLATE COURT.
2S14. L. E. & W. Railway Company VS..
Pence. Boone G. G. Reversed. Comstock, j.
l. In an action against a railroad corpora
ton for damages received by plaintiff in
colliding with an approaching train at a
street crossing the burden of showing free
dom from contributory negligence, with the
presumption of negligence against him, Is
upon plaintiff where the action was COM
menced during 1897. 2 Where traveller
Voluntarily places himself in danger of an
approaching train he is guilty of negligence
in case he is injured by the train, when
he has knowledge of the approach of the
train in time to avoid II.
29SO. City of Elwood VS.. Hand Madison
s. c. Affirmed. Black, il: Inc issue
tried in the lower court should be shown
by the record. 2. Where questions for de-
cision depend upon the evidence the latter
should be in the record.
24S2. CASTOR VS.. Bailey. Marion S. G..
Petition for rehearing overruled.
1853. National Bank VS.. Aver. Lake S.
G.. Application for leave to amend assign
ment of errors granted.
SUPERIOR COURT.
Room John L. McMaster, Judge.
Richard Sellars VS.. William Berchman.
Hay, Justice of the Peace Court; appeal.
Dismissed and costs paid.
Charles W. Owens VS.. Perry Manufacture
ing Company: damages. Dismissed by
plaintiff and cost paid.
Room flames NJ. feathers, Judge.
Charles r. Clark VS.. Indianapolis Drop
forging Company; damages. Jury returned
verdict in favor of plaintiff and assess his
damages at $1,000
Adolph d. Mann VS.. American Indemnity
and Assurance Company; policy. Dis
missed at plaintiffs costs
Jerry s. Hall VS.. George II. Ketcham; APP
peal from Lockman. On trial by court.
Room 3-Vinson Carter, Judge.
The National Bank of North America VS.
II
verdict for s929.73.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Violet Bartlett VS. Alfred Hoover: parti-
ton. Commissioner files report of sale; ap-
proved; commissioner presents deed: ap-
proved; Commissioner allowed $45. and Isa-
dore d. Blair. attorney. $50. to be taxed rs
costs Commissioner ordered to pay taxes
of 1899; distribution ordered
On motion of Charles L. Holstein Roscoe
A. Heavilin admitted 70 bar.
Wilbur F. Browder, administrator VS.
Frank r. McCabe ct al: conversion. Trial
resumed; additional evidence heard.
NEW SUITS FILED.
James F. Kenoyer VS.. Aldora Remover
divorce. Superior Court. Room l.
Judy Thorman ct al. VS.. Frank T.. King;
suit on account. Superior Court Room g.
Ernest McCollum VS.. Myrtle McCollum
divorce. Circuit Court.
Statehouse Building Association VS.. Alex
ander ]. Marley ct al; suit on lease. SUI
perior Court, Room 2.
James w. Armstrong VS.. Nathan II
Howe; on notes. Superior Court. Room L