The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-10
administrator of the estate of Samuel l..
Overstreet. Bond, $1,000.
THE COURT RECORD.
SUPREME COURT.

SUPREME COURT.
1888. Citizens National Bank VS.. Julian.
Delaware c. G. Petition for rehearing over
ruled. Jordan, il. The mere fact that a
registry law is not made in plain terms
to apply to deeds and other instruments
previously executed Ii does not necessarily
require such an Interpretation as to re-
neve the holders OF such instruments from
recording them. 2. A purchaser, who has
actual notice of an unregistered instru-
ment is in the same condition as If he were
affected with the knowledge which the
registry Of the instrument would have
furnished. g. While actual notice of an I'M
registered deed or instrument will be as
effectual as that furnished by its formal
registration. still the former notice, in or
der to be effectual, must be brought home
to the party TO be affected thereby. 4.
Whenever, in the course of litigation, it
becomes essential to effect a party with no.
tice of a fact. the burden of proving such
notice is upon the party who is required to
allege it in his pleadings.
1920. Kern VS.. Kern. st. Joseph G. {.
Reversed. Bowling, il In a contest be-
tween a decedent's heirs at law and his
beneficiaries under a will the communion
tions between the testator and his attorney
in reference to the will are not privileged;
and the attorney who draws up the will
may testify to its contents in order TO set
it up as lost will. 2. The execution of a
subsequent will by a testator disposing of
his estate inconsistent with former Will
operates as a revocation of the first. and
properly executed for that purpose and
attested as in the case of last will or by
due republication of such previous will.
1SG47 Board of Commissioners VS.. Dickin-
son. Wayne c. G. Petition for rehearing
overruled.
1852 Rinkenberger VS.. Meyer. Lake c. c.
Certiorari granted and issued
1913 Murphy VS.. Brannanan. Jackson c.
G. Publication ordered and issued.
APPELLATE COURT.
tition for rehearing overruled Comstock,
jim an action for conversion COM
plant will be held good If it is sufficient to
bar another action for the same cause
when the complaint is questioned for the
first time upon appeal.
1854. Citizens Street Railway VS.. Hoff-
bauer. Marion S. c. Reversed. Robinson,
il street railway engaged in the car
riage of passengers is not an insurer; but
1t must use every reasonable precaution
in the management and operation of its
cars, and if the car is run in an unusual
manner and danger arises therefrom
which does not ordinarily exist 1t is the
company's duty to warn passengers of such
danger. 2. A passenger has the right to
presume in the absence of knowledge or
warning to the contrary, that all neces-
sary precautions have been and will be
taken for his safe transportation. 3. In the
absence of knowledge TO the contrary
passenger upon a street-car has the right
to assume that the car is being properly
managed and running with the footboard
away from the trolley poles. a. Where neg
ligence is fact for the jury an instruction
should not take from the jury the finding
of such fact.
1925. Hamilton vs. Hamilton. Hancock c.
c. Motion to dismiss overruled.
300. Cunningham VS.. Tuley. Floyd G. u.
Transferred to Supreme Court
1881. Mickey VS.. National Bank. Lake &.
c. Transferred to Supreme Court.
SUPERIOR COURT.
Doo,,, 1-Tobp T. MoMaSfer Tudpa
Henrietta Eastman VS.. Daniel O'Brien
ct al. Dismissed and costs paid.
Isaiah Holdcroft VS.. Allie II. Holdcroft
divorce Finding and decree for plaintiff
at his cost.
Samuel White VS.. James B. White; me-
chanic's lien. Evidence heard and taken
under advisement.
Room flames NJ. feathers, Judge.
Anna Markell VS.. Angelo Caruso; defend
ant appeal from Smock, j. p. Dismissed
for want of prosecution. judgment against
plaintiff for costs.
Emily A league VS.. Citizens Street-rail-
way Company; damages. On trial by jury
Evidence partly heard and continued.
Room 3-vinson Carter. Judge.
James B. Coy VS.. Indianapolis Gas Com
pany; damages. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Elizabeth Landlord VS.. Cynthia A. Lark
ford's Estate; trial resumed. Additional
evidence heard.
NEW SUITS FILED.
Minnie Golfer VS.. John Golfer; divorce.
Superior Court. Room l.
Logan MARI VS.. Henry G. Theis let al;
mechanics lien. Superior Court, Room /.
George p. Kissel VS.. Charles A Weber
ct al; note and mortgage. Circuit Court
Baldwin Manufacturing Company ct al.
vs. George Young, receiver; complaint to
review in judgment. Superior Court,
Room 2.
Mary Daglsh VS.. John Daglish; divorce.
Superior Court, Room 3.