The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-20
THE COURT RECORD.
APPELLATE COURT.

3US5 Fruits VS.. Pearson. Fountain Z. G.
Reversed. Comstock, J.-Where contract
is part performed and then rescinded a
vendor, in the contract, cannot retain the
property and the purchase money paid
2Sil. Water Power Company VS.. Board
OF Commissioners. Allen c. c. Reversed.
Henley. il. The principles of law estab-
lished upon appeal remain the law of the
case through all subsequent stages, and
where the sufficiently of a pleading has
been passed upon by this court the same
ruling will be adhered TO on second ap-
peal unless the pleading has been material
ly amended, but when a material amend
ment is made the pleading requires new
construction. 2. When a way of any kind
is laid across an existing highway and a
bridge is necessary for the continued and
proper use of the highway, the party To-
eating the way last in point of time is
bound to build and maintain the bridge;
but IL highway is located across an ex-
listing way of any kind the public must
build and maintain the bridge. g. COW
enant to do a thing not in esse, but which
is to be done upon the land, does not bind
the assignees unless specifically named,
and hence cannot run with the land 4. The
act approved Jan. a. 1Si7, relative to the
trustees of the Wabash and Erie canal
constructing and keeping bridges and
roads crossing said canal in repair. was not
a condition upon which such trustees held
the canal property. nor was such condition
a covenant running with the land.
1926. Sutton VS.. Todd. Jay G. c. Petit
ton for rehearing overruled.
1887. Gardner VS.. Caylor. Marion G. G..
Petition for rehearing overruled.
SUPERIOR COURT.
Room John L. McMaster, Judge.
Emil c. Rossman Adam Lavinia
Wainscott; foreclosure. Dismissed and
costs paid by plaintiff.
Bartholomew Walsh VS.. Mary Walsh; di-
vorce. Finding for defendant on complaint
and for plaintiff on cross-complaint.
Room flames NJ. feathers, Judge
Bake & Kraus Company VS.. Agnes Patti
son ct al; foreclosure Dismissed and costs
paid.
John Nelson VS.. PARROT & Taggart ct al.
damages. Plaintiff filed complaint making
National Biscuit Company party defendant.
Evidence heard. Finding and judgment
against defendant for $50 and cost.
Ada Oserman VS.. Sam Oserman; divorce.
Decree granted plaintiff. Judgment against
defendant for costs.
A. Kiefer Drug Company Henry III.
Duke ct al; appeal. Evidence heard. Taken
under advisement.
Lillian Hill VS.. Alvia Goodin ct al; dam
age On trial by court.
Room 3-Vinson Carter, Judge.
The Indianapolis Savings and Investment
Company VS.. Luther NJ. Norris ct al; fore
closure. Dismissed and costs paid.
George Wittinger vs. Gustave G. Schmidt,
admir-, ct al; for receiver. Frank III. Pitt
man appointed receiver.
| William III. Williams admir-, Indian
apolis Gas Company; damages On trial by
| jury.
| Henry Clay Allen, Judge.
| Susie May Rusie VS.. Amos Rusie; divorce
| Petition for temporary restraining order
| submitted to court. Granted.
Karl Haupt VS.. Indianapolis Planning Mill
| Company; receivership. Receiver files petit
| ton for order to sell property. Submitted
| to court. Granted. Sale ordered to Capitol
| Lumber Company and A. Borinstein.
| Minerva j. Olive VS.. city of Indianapolis
damages. Dismissed by plaintiff. Judgment
| against plaintiff for costs
| Matte Holland VS.. G.. w. Payne: SANDER
| Submitted to jury. Evidence heard in part
| State ex rel Edwin b. Pugh prosecuting
attorney VS.. Edwin Nichols ct al. Motion
| of defendants to strike out parts of the
| ant excerpts. Ten days given to file bill OF
| exceptions. Defendant ruled to answer the
| complaint.
CRIMINAL COURT.
Fremont Afford, Judge
| Wayman White; murder. Jury returned
| verdict of not guilty. Defendant discharged
| William j. Powers: falling to nav dos
| tax. Appeal from Justice Hawkins Argu
ment on motion to quash resumed Motor
| overruled. Defendant excerpts.
Harry Higgins; burglary. Suspended sen
| old. Committed to Reform School for Boys
| NEW SUITS FILED
| Rachael ]. Dooley vs. James A. Bermar
| and Eugene Udell; complaint on note SUI
| perior Court, Room /.
Frederick Laakman. Edward Shearer ant
| Henry Bowes VS.. Elizabeth Weber anf
Battus Weber; to foreclose property lien
| Superior Court, Room 3.
Jennie Hammons VS.. Dick Hammons; di
vorce. Superior Court, Room 2.
Myrtle Mitchell. by next friend. VS.. tn,
damages Demand 5000. Superior Court
Room g.