The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-09
THE COURT
SUPREME COURT.

SUPREME COURT.
1s3O9. In re. Ray. Shelby c.. c. Dis
missed. Bowling, il. The right of ap-
peal exists only where 1t is conferred by
statute. 2. There is no appeal from an in
terlocutory order of a court requiring a
person to appear and submit to a cross-ex-
animation of matters testified in chief in
the taking of a deposition; no one appear
ing to cr-oss-examine at the time the depo-
sition is taken and an order for
such cross-examination being first made
by court before which the action
statute an appeal may be taken from inter-
locutory orders of the Circuit Court.
1878. Thistlethwaite VS.. Gas Company.
Boone G. G.. Dismissed.
1882. p, c., c. & st: L. Railway Com
pany VS.. Hawks. Marion c. c. Petition
for rehearing overruled.s
1879: Post. etc., Gable Company VS.. c.,
I. & l.. Railway Company. Lake c.. c.
Petition to advance denied.
1904. SEVERN VS.. Robinson. owen c. c..
Motion to dismiss postponed to final hear
ing.
1929. Board of Commissioners VS.. Gard
ner. Perry c. c. Advanced.
1892. Roth VS.. State ex rel. Kurtz. Ma
rion S. c. Advanced.
1871. Ripp VS.. Lesher. Miami c. c.
Cause reinstated and clerk of Miami Cir
cult Court commanded to make immediate
return to writ of certiorari issued March
IA, 1900. and appellant ordered to file brief
within sixty days from return.
1896. Essex VS.. Myers. Whitley c. C.
Joint petition to withdraw petition for GER
tiorari granted.
1ssO7. Huntington VS.. syfers. Hendricks
G. c. Petition for certiorari overruled.
1892. Mitchell VS.. Knisely. Marshall c..
c. Agreement for substitution of party
1882. In re. Paskins. trustee. Marion
1915. Cory VS.. Pyles. Boone c. e. Hear
ing on motion to dismiss postponed until
May 20.
Minutes
1857. Samuel r. Alden ct al. VS.. Martin
Blum, administrator, ct al. Allen s. G. APP
pellant's reply brief.
9,125. John Henry Neff, executor, VS..
Birdie NJ: Cordrey. Allen c. c. Appellants
reply brief.
1883. In the matter of the application
for the removal from office of John T.
Paskins, trustee of Hensley township,
Johnson county, Ind. Marion c.. c.. APP
pellant's motion to submit. advance. and
limit time for filing briefs.
1880. The Terre Haute & Indianapolis
Railroad Company VS.. Samuel Rittenhouse.
Marion s. G. Appellants reply brief.
1923. The Board of Commissioners of
Perry county. eft al. VS.. Casper S. Gardner.
Perry G. c. Petition to advance.
1885. Bert Essex ct al. VS.. Mary A. Mey-
ers. Whitley c. c. Application for leave
to withdraw certiorari, etc.
1892. Charles G. Roth ct al. VS.. State Of
Indiana ex rel. Jacob ID. Kurtz ct al. Mar
ion S. c. Appellants brief 6), appellee's
brief 6), petition to advance for oral argu-
ment 90, appellee's points for oral argu-
ment (D.
Brannam, administrator, eft al. Jackson c..
c. Appellants brief.
19,315. Emma Hays VS.. Joseph w. Pugh
ct al. Hancock c. G. Appellants brief C).
Jane Rachels ct al. Posey c. c. Appellee's
brief 90.
1924. Charlotte Richardson, administra-
trix, VS.. Byron Dawson. Morgan c. c. APP
p~ellant's brief.
APPELLATE COURT.
3OS6. Shora VS.. Miller. vanderburg S. C..
Affirmed. Henley, J.-When a person loans
to another person property and the latter
pawnS the same to a pawnbrOker for a loan
the owner can recover his property with
out payment of the charges against il as
due the pawnbroker.
3l52. Ingram VS.. Thomas. Laporte G. c..
Affirmed. Comstock, il. By a demurrer
to the evidence all the facts which the evil
dence tends to prove or Of which there is
any evidence, however slight, and all the
differences which can be logically drawn
from the evidence are admitted. 2. An ac-
ton in trespass to recover for the conver-
sion of the rents of real estate is not an ac-
ton for use and occupation of land.
2917. Hanover Fire Company VS.. John
son. Delaware c. c. Reversed. Black, j.
/ By delay appellee may forfeit the right
to consider the effectiveness of an assign
ment of error unless the court on it's own
motion find the assignment so defective
that without II suggestion Ii would not
present any question for consideration. 2.
In pleading the performance of a condition
precedent In a contract 1t shall be suffi-
cient to allege generally that the party
performed all the conditions on his part,
and IL the allegation is denied the facts
showing a performance must be proved on
the trial. 8. When a fire insurance policy
provides hat immediate notice shall be
given In case of fire, unless extended by
the company. 1T is a condition precedent to
an action for a recovery upon such policy.
4. Each paragraph of a complaint must
proceed upon some definite theory.
Minutes
1892. William w. Mooney ct al. ys. The
United States Industrial Publishing Com
pany. Bartholomew G. c.. Joinder, appel
lant's brief 90, appellee's brief.
1857. Gotlip c. Kuhner VS.. Sarah A. Kuh-
ner. Howard C. c. Appellants reply brief,
appellants motion to advance.
SASS. The Citizens Street-railway Com
pany VS.. Caroline NJ. Huffer. Marion s. c.
Appearance for appellee.
1854. Charles III. +. Mankedick ct al. VS..
The Consolidated Coal and Lime Company.
Marion c. c. Appellants additional au-
thorities.
s.4is. oliver H. Bogue ct al. VS.. John w.
Murphy ct al. Pulaski c. C. Affidavit of
III. A. Sites and NJ. NJ. Hathaway i'm sup
port of motion. etc.
3,454. B. & o. s. w. Railroad &C. VS..
Jonas G.. Howard, administrator Clark C.
s,05s. The City of Evansville VS.. James
NJ. Frazer. vanderburg s.. C. Appellants
petition for rehearing and brief Isl on Pc
tition.
1908. William H~efelhnger VS.. John C.
Fulton. Wells c. c. Appellants petition
for rehearing.
1905. Everett j. Campbell VS.. William r.
Nixon ct al. Marion c.. c. Appellants adj
ditional brief on petition. etc.
3.413. City of Terre Haute VS.. L. r. Con-
stans. Vigo c. c. Appellants brief CD.
SUPERIOR COURT.
Room l-John l. McMaster. Judge.
Julius Kessier VS.. Othmar Kellar: on note
Jury returned verdict for plaintiff and as
sess his damages at $l06.37.
Aov Rouu uc yVfIffoun nor.. S~--