The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-12

HlftA@Sts jim - AL
1850. City OF Fort Wayne VS.. Aurora F.
Christie. Allen S. C. Appellee's supplementary
1855. The City of Fort Wayne VS.. Neetie A.
Brown ct al. Allen S. c. Appellees' supple
1906. Horace Walker VS.. Charles f. wehking
ct al. Marion S. c. Appellants reply brief a.
1slos. Derk DE Ruiter VS.. Laura E. DE Ruiter.
Marion s. c. Appellants reply brief.
1926. The Union Mutual Building and Loan
Association VS.. David A Coulter CT al. Clinton
c. c. Appellees' reply brief on motion.
1851. John S. Brown ct al. VS.. James B. Glow
ct al. Clinton c. c. Joint petition to advance.
1921 George H. .Bodette VS.. William Blakely.
De Kafb c. c. Appellants dismissal.
1885. James A. Prichett ct nj. VS.. Ellen Sher-
idan. Fountain c. c. Appellants brief 80
1851. Luther J. Isenhoui VS.. State Of Indiana
APPELLATE COURT.
2eo1. Bodell vs.. Brazil Block Coal Company,
Clay c. c. Affirmed. Robinson, Ill. II a de-
feet In a mechanical appliance is open and Oh
yious alike to the master and the servant and
ice the risk OF ar injury from such defect is his
own. He can assume the risk Of a latent danger
only when he knows OF 1t. But where the de-
feet is open and obvious and he Goes not show
that he had no opportunity to observe IL an
sverment OF want OF knowledge is not sufficient
Ii he could have seen an open and apparent de-
feet by looking the law required that he should
look, and the mere fact that there has been a
breach OF statutory duty does not relieve the
injured party from exercising due care.
3243.- Kern v. Ravencroft. st. Joseph c. c.
Affirmed. Henley, c. offered instruc-
tons are to be got into the record by a bill
of exceptions the latter must be filed with the
clerk after it is signed by the judge. Such Ming
must be shown by an entry afhrmatively showing
such fact or a certificate OF the clerk TO that
effect.
1929. Beck. ETC., Company Vs. Evansville
Brewing Company. Posey Z. c. Reversed. WI
ley, il. In constituting an ambiguous contract
the surrounding circumstances and the subse-
Quent conduct OF the parties may be resorted &c,
as wei as the language Of the contract itself.
z. When the buyer Of an article accepts a sup
ply OF the same and remains silent and fails TO
return or offer 10 return the same the seller has
the right to believe that the purchaser put the
same construction on the contract unier which
he furnished them that the seller did. 3. The
law forms an important element Of every con-
part of the contract as IL II was expressly in
corporated therein, and is to be considered In
constituting the contract
1903. state, etc, Association VS.. Brackin.
Biackford c. c. Transferred to Supreme Court.
Minutes
3515. Ambrose G. Lupton VS.. William A. Mich
OILS. Jay c. C. Appellee's petition for extension
SsT7. John Anderson VS.. Lake Shore & Michi-
gan Southern Railway Company. De Kalb c. G..
Petition for extension granted.
way Company VS.. Martha VI. Reed. Carroll G..
{: Appellee's petition for extension granted.
s527. George Trethaway ct al. VS.. Clement
Peek. vanderburg c. c. Appellee's petition for
extension granted.
1857. Lemuel Heller VS.. Michael Daley ct al.
Wells c. c. Appellees' petition for extension
granted.
$3.50. Laura B.. Hancock VS.. Daniel s. Virgins
extension granted.
1868. International Building and Loan Asso-
peliee's petition for extension granted. Thirty
days.
1852. Charles Miller ct al. vs.. Eli B.. Stephen
son. Orange c. c. APPELLANTS reply brief a.
$3.50. James C. Mount VS.. James /. DE Haven.
Fayette c. c. Additional copies appellee's brief.
SUPERIOR COURT.
Room flames NJ. feathers, Judge.
Andrew j. Lyon ct al. VS.. Sarah Corriger ct
al; foreclosure. Finding and judgment against
George d. Thornton for s2i9. 40, without relief.
and costs. Foreclosure and sale ordered.
S. NJ Richcreek VS.. Luca A. Hill ct al; to
quiet title. Finding that plaintiff is owner of
Charles E Worth Vs. Fraternal Cooperative
Association; receiver. Dismissed at defendant
cost.
Francis c. Lucas VS.. John II. RAIDER; replevin.
On trial by jury.
Room 3-vinson Carter. Judge.
Nicholas Honbauer VS.. Citizens street-rail-
road Company; damages On trial by jury.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Charles Smith VS.. Eliza J. Smith: petition to
execute mortgage. Insanity OF defendant sug-
gested. d. F. Watson appointed guardian ad
lltem. Submitted to court. Finding for petit
ton. Petitioner authorized to execute mortgage
on real estate for $500, etc.
August Wacker VS.. Louise Wacker; to convey
real estate. Insanity of defendant suggested.
Collie 4. Kinney appointed guardian ad litem.
Submitted to court. Finding for petitioner. Pc
toner authorized to sell real estate. Petitioners
bond of 800 approved. Petitioner tenders deed.
Approved. Costs against petitioner.
On motion of Martin NJ. Hugg, Carl c. Pritch-
ard was admitted to the bar.
COURT.
Fremont Afford, Judge.
George Harris: embezzlement and petit lar
ceny. Arraigned. Plea of guilty to petit lar
ceny. Fined 81 and sentenced TO workhouse for
nine months.
Charles sanborn: associating with prostitutes.
Appeal from City Court. Fined $40.
George Jackson; adultery. Appeal from City
Court. Fined s. and entenced to workhouse fol-
fifteen days.
NEw SUITS FILED.
Catherine Flynn VS.. Old Wayne Mutual Life
Association; on policy. Superior Court, Room s.
The Marion Bond Company, Trustee, vs.. Mex
lean Coffee and Rubber Company ct al; i'm
provement lien. Superior Court. Room /.
John Brennan VS.. indianapolis Street-railway
Company; damages. Demand. 5000. Superior
Court. Room 2.
Marcus d. Wiley VS.. Ira Daggett ct al: on
note. Circuit Court.
Wulschner Music Company VS.. joseph Warn
baueh; %replevin. Superior Court, Room 3.
Amos Il. Keeport VS.. Edwin b. Brigham ct
al; mechanics lien. Circuit Court.
Amos b. Keeport VS.. Walter S. Odor ct al.
mechanics lien. Circuit Court.
Johnson Allen VS. The New American Oil and
Mining Co.; on contract. Superior Court.
Room i.