The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-06
THE COURT RECORD.
SUPREME COURT.

SUPREME COURT.
1900 Elk Parte. Sullivan. Madison S
{. Dismissed per curtain. /. The as
signment of err Jrs is the complaint In
whom 1t acquires jurisdiction are those
named therein. 2 In an appeal the adverse
parties from appellant should be made
appelees.
1917. State ex rel. Sommerlad VS.. Nick.
erson. Marion s. C. Affirmed. Baker. j
L. Payment of the costs is condition
precedent to the right of a change of venue
from a justice of the peace. .. The costs
occasioned by change of venue from a
justice of the peace can be readily ascer-
tanned, and if an overcharge is made the
party paying them has his remedy in either
civil or criminal action against the JUS
tice 3. A justice OF the peace may be man
dated to grant change of venue when the
costs of the change are rendered him.
1855 Sterling. etc, Company VS.. Wyck-
of. Fountain e. c. Affirmed. Monks, j
The antitrust act of 1897 acts 1871
Page 16o) was prospective and not retro
spective, and did not affect contracts pre-
viously made, nor their enforcement.
APPELLATE COURT.
3104 State ex rel Hendricks VS.. Knots
Madison S. c. Affirmed Black. Jan
action will not lie against retail liquor
dealer upon his bond for loss of main
tenance and support occasioned by the
distinct crime of murder committed by the
disorderly house.
3OSs c.. /. & l.. Railway Company VS.
Neff Montgomery c. c. Affirmed. Hen
ley, J.-Courts will take judicial knowledge
of the United States mortality tables and
of other standard tables of the same char
acter.
3426. Ray VS.. Moore. Montgomery c. G.
Affirmed. Comstock, j. i. Instructions
must be construed together. 2 IT is not
error to strike out of an instruction cer-
tain words when the substance and mean
ing of the instruction is not changed. B. II
is the duty of an administrator to avail
himself of any defense within his knowl-
edge TO any claim against his decedent S
estate which he has reason to believe in
valid 4. Each defense to an action must
be set up in a separate paragraph, and
each paragraph must be complete In Itself
5. Confession in avoidance and denial can
not be pleaded i'm the same paragraph.
6. Admissions made in one pleading are
conclusive as to that pleading, but cannot
be used as evidence in issues joined III
other pleadings. T. The confessions OF de-
Tense by way of confession and avoidance
do not abrogate the necessity OF proving
the averments contradcted by the denial.
$3.50 c. & S. 4. Railway Company VS..
Glover Madison c. c. Transferred to
Supreme Court.
SUPERIOR COURT.
Room 1-John l.. McMaster, Judge.
August Drezey, executor, VS.. George w
Bolander ct al; foreclosure. Dismissed
Costs paid.
Perry A. McCaskey VS.. The. American
Manufacturing Company ct al; on note
and account and for receiver Defendani
Everitt dismissed his petition for removal
of receiver and also dismissed his petl-
ton for balance of his claim and removal OF
receiver Receiver filed final report. APP
proved and receiver discharged
Abraham Hamilton VS.. Henry w. f1el-
king; dismissed. and costs paid.
Lnio A, .Ti1lSnn ComnanY AlOnZC
BOYD: on account. Finding and Judg-
ment for plaintiff VS.. defendant for 81, 1880
and costs.
Room Flames NJ. Leathers, Judge.
Kate Hackney New York Investment
Company ct al; foreclosure. Court makes
special finding of facts and states con-
ciusions of law thereon. Finding thereon
in favor of plaintiff in the sum of s2o06l
without relief and costs. Foreclosure and
sale ordered.
Room 3-Vinson Carter. Judge.
Marcus S. Lippard VS.. Grant Moore ct
al: note. Finding and Judgment against
defendants for S17S.12 and costs.
Henry G. Schlegel vs. Charles {. Topp ct
al; note Dismissed and costs paid.
Albert G. Refs VS.. indianapolis Union
Railway Company ct AL; damages. On trial
by jury.
CRIMINAL COURT.
Fremont Afford, Judge.
Maggie Williams: assault and battery
with intent TO kill. Defendant arraigned;
plea of not guilty. Trial by court. Find
ing guilty of assault and battery Fine 81
and imprisonment. in the workhouse for
four months
CIRCUIT COURT.
Henry Clay Allen, Judge.
Tirmin c. Brown VS.. Mary T.. Drown; di-
vorce defendant defaulted. Submitted to
court. Evidence heard. Finding for plain
tiff. Decree OF divorce. judgement VS.
plaintiff for costs.
Lillian E. Schatz vs. Edward j. Schatz
divorce Temporary restraining order
granted against defendant
Charles Finkman naturalized.
Roxanna b. Pauley VS. Merrill I. Pauley
divorce. Defendant defaulted. submitted
to court Evidence heard. Finding fol
plaintiff. Decree of divorce. Plaintiff
maiden name, Roxanna b. Whitlatch. re-
stored Order forbidding marriage for two
years. Judgement VS.. plaintin for costs
Defendant defaulted. Submitted to court
Evidence heard. Finding for plaintiff. De-
cree of divorce. Custody OF child, Lewis
Sans given to plaintiff. Judgment VS.
defendant for costs.
Cn,cago Strawboard Company VS.. Silas
B. Saffel ct al; on note and account Sub
mitted To court. Evidence heard. Find
ing for plaintiff Judgment VS.. defendants
for 1892 % and costs.
KATY B. Towson VS.. George III. Towson
divorce BY agreement of parties cause
ordered transferred to Superior Court.
George L. Raschig vs. John Collects
Estate: claim. Finding for claimant
Claim allowed for $40 at costs of estate
NEW SUITS FILED.
James Goodrich VS.. the City of Indian
apolis and Charles Poucher; damages
Demand $1,000. Superior Court. Room ].
James Parsley, jr., VS.. Daniel Parsley
on note Circuit Court.
stephen Teney VS.. Adam Schmidt, Ed.
.l.Are hn Ind toF al c
Tent and Awning Company; complaint fol
damages. Demand 5000. Superior Court
Room /.
Israel ]. Canarroe VS.. William L. Nc
Carly; damages. Demand $500. Superior
Court, Room 1.
Jessie e. Thompson VS.. ID. Sommers et
al: appeal from Justice Nickerson. Supe-
rior Court, Room 2.
Mary c. Denny VS.. Jesse w. Denny: di.
yorce. Superior Court, Room 2.
Edward Roster VS.. Allie Roster; divorce
Circuit Court.