The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-21
SUPREME COURT.

1888. State of Indiana VS.. Kuhn. Decatur
c. c. Affirmed. Hadley, c. il. Where
person is charged in an indictment with the
commission of a crime and is admitted to
bail the failure to bring the defendant to
trial within three terms after admission to
bail entities him to a discharge under
Section 1852, Burns's. 1894. except as the
delay is occassioned by his own motion,
or as modified by Section 1853, or there
is not sufficient time at such third term to
try the defendant. 2. In the trial court ii is
the duty Of the judge to give preference to
criminal over civil causes, and failure
or the judge to do so cannot be made to
operate against the right of defendant
to trial within the limits of the statute. 3.
The question of the discharge of person
indicted for crime is not a matter of
discretion with the court beyond the bounds
fixed by Section 1853, Burns's. 1884, but
when the defendant brings his case within
the limits of the statute his right to dis
charge becomes absolute.
1875 PARROT VS.. Richardson. Huntington
G. G. Affirmed. Monks, J.-This court cam
not disturb the finding of the trial court
or the verdict of the jury upon the evil
dence alone when there is evidence in the
record which fully sustains the finding or
verdict. 2. Affidavits in support of a new
trial on account of newly discovered evil
dence must be made part of the record
by bill of exceptions.
1921. National Bank VS.. Turner Wayne
G. G. Affirmed. Baker, il. Without the
sanction of the United States Congress no
bank stock within the subjects of taxation
2. Section 52l9.. r. S. U. S., gives State leg
fslatures the right to tax national bank
stock. 3. IT is the duty of this court to fol-
low the United States Supreme Court in
placing a construction upon an act of the
federal Congress. A. The term "moneyed
capital as used in Section 52l9 r. s. l.. S.,
is capital employed in a business in which
the stock in trade, from the dealings in
which profits are expected to accrue. is
money, including in the term absolute
money. legal substitutes for money and
commercial representatives of money. 5.
National bank stock is considered as
moneyed capital in the hands of individu-
ais. 6. The individual is entitled to his pro-
portion of the credits of the bank less his
proportion of the debts of the bank, and
the difference is the ''moneyed capital" T.
The tax law of this State is intended to
operate uniformly and to reach values
and not amounts. 8. 1t is not judicially
known to this court what proportion of
the gross amount of credits i'm this State
specified in Section So of the tax law, is
Capital in the hands of individual citi-
Zens; nor, if any of it is capital" that
an appreScianle portion: or any a. all is
national, State and private banks, by in
dividuals in competition with national
banks.
Minutes
1861 Isom Sheets, administrator. ct al.
VS.. State of Indiana ex rel John d. Alex
ander. administrator. Lawrence c. c.
Appellee's petition for certiorari and notice
fled
1881 The p, c., c. & st. L. Ry. Co. VS..
Clara Parish, administrators Wayne c. c.
Appelee's brief filed.
1870 Postal Telegraph Cable Company
of Indiana VS. G.. I. & L. Railway Com
appellants printed brief CD filed. Appel
lant's petition to advance filed.
1904. Henry SEVERN ct al VS.. John c.
Robinson, trustee, ETC., ct al. Owen c. G.
Notice of motion and proof of service.
1901 John Reagan, trustee (assignee) ct
al. the First National Bank of Chicago
ILL.,, ct al. Marion S. c. Appellee's brief
C5) filed.
Cox. Original action. Miami county. An
swer and return to respondent
1902. J. w. Hamilton VS.. Eaton Mining
and Gas Company. Delaware c. G.. APP
pellant's dismissal.
APPELLATE COURT
BILL Hull VS.. Ferguson Grant c. c. AZ.
firmed. Wiley. c. I'll. A judgment against
a guardian, personally, for necessaries fur.
nished for the ward, is not judgmen,
against the guardian in his official ca
pacity. 2. When a person has a legal OF
| equitable claim against the estate of a
| ward he may present his claim by proper
| complaint or petition against the guardian
in the probate court having Jurisdiction OF
| the estate of the ward and secure an order
OF such court for the payment of such
amount out of the trust estate as the
| court may allow. 3. This court will no,
reverse "A judgment upon a mere trffe OF
an amount involved.
| 3105. Mcdonald VS.. Moak. Lagrange G. c
Reversed. Robinson, il Where ar
| amended executors report is filed not as
pleading but in obedience to an order oi
| court. whether or not the amended report
| is sustained by sufficient evidence
| and is contrary TO law may be questioned
by a motion for a new trial on these
| grounds. ?. a widow who takes under tn,
viii Of her husband Is not entitled to the
| additional statutory allowance I'm addition
/ to the provision made for her i'm the will
| 3i16. Pape VS.. Ferguson. Allen s. c. Pub
| lication ordered and issued.
| Minutes
900. The Midland Steel Company VS.
/ George A. Daugherty. Delaware G.. C
/ Appellants brief ca filed.
1916. William V. Rocker VS.. Theodore r
Smither. Marion s. C. Appellants brie
| filed
ai1s. Charles Pape vs.. John Ferguson e
al Allen s. c. Afildayit nonresidence ap
peilees fled.
1921 julius Miller vs.. State Of Indiana
Jackson c. c. Appellants brief CD filed.
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