The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-26
THE COURT RECORD.
SUPREME COURT.

duly probated In certain county
the clerk. the court by judgment
ratified and confirmed the probate of the
will, and the will was properly recorded
and left in the courthouse of county where
probated as part of the files of the Cir
cult Court, said judgment on it's face being
fair, the clerk of the court under Section
1852, Burns, 1894, cannot be cited by Cir
cult Court of another county to produce the
will that it may be duly proven. 2. 1t is
the duty of the Circuit Court of one coun-
ty to accept as true the records of a pro-
ceeding had in another Circuit Court OF
this State when the record is fair on its
face.
1851. McCollum VS.. c., c., c. & st. L. Ry
Co. Shelby G. c. Affirmed. Jordan, j.
The mere fact that a railroad violates
the statute by allowing a train to blockade
a street for a long time will not of itself
constitute willful injury where the injury
is received by a person while attempting
to cross the track by climbing over the
standing train.
1851. Osborn VS.. Maxinkuckee eft al. Ice
Co. Starke G. c. Reversed. Monks, j.
Under the drainage act of 1885 P. 129),
where land had been assessed for drain
age and by subsequent Judgment of the
court the assessment on part OF the land
is vacated such land is left without any
adjudication as to whether it will or will
not be benefited by the proposed drain,
and supplemental petition under Section
5629, Burnss r. S. 1894, may be filed by
person interested in the drainage for the
purpose of having such land assessed for
benefits derived from the proposed drain;
and when sufficient supplemental notice
is filed it is the duty of the court to refer
the same to the drainage commission for
report.
APPELLATE COURT.
1895. Moore VS.. Combs. Clinton c. 9. At
firmed Wiley, c. J.-l. When rail fence
moved they are no longer realty.
but personal property, except where the
rails of which the fence is constructed are
removed for the purpose of rebuilding, in
which event they do not lose their identity
as realty. 2. By Section 1854, Burns's r. 8.
1894, adjoining land owners may agree to
build and maintain certain portions of
fence between their lands, and it is the
duty of each party to build, rebuild, repair
and maintain the portion assigned to him.
3. Where the rails of a fence are wrong
fully and tortiously removed and placed
upon the lands of a person other than their
owner they become personal property and
the subject of replevin. 4. Instructions
must be signed by the trial court for con-
sideration On appeal. 5. This court will
not reverse the judgment of the trial court
upon the evidence alone when there is
evidence to sustain the verdict
2979. Indiana Bond Co. VS.. Jameson.
Marion c. G. Reversed. Robinson, il In
pleading an answer, facts must be stated
and not conclusions. q In pleading a
tender, facts must be pleaded showing that
a tender had in fact been made. 8. To
recover attorney fees on sewer assess
ment made under the Barrett law, fore
closure of the assessment must be brought.
1924. ingalls, VS.. Bissot. Lawrence c. G..
Appellant granted fifteen days to amend
record.
Room John L. McMaster, Judge
Thomas Stone VS.. William Hinsley.
Plaintiff dismissed; judgment against
plaintiff for costs.
Room flames M. feathers, Judge.
ing Company; damages. Evidence and ar
gument concluded; jury instructed and re-
| tire.
Louisa NJ. Sala VS.. Citizens Street-rail-
road Company; damages. Dismissed at
plaintiffs cost.
Helena o. Kirk VS.. John A. Kirk ct al.
damages. Dismissed at costs Of John A.
Kirk by agreement
Room 3-Vinson Carter, Judge.
The National Bank of North America VS..
| John c. Huer ct al. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
United Ancient Order of Druids. Kiondike
| Grove, No. 23, VS.. George X. Louden ct al.
| on bond. Continued by agreement of par
ties.
Wilbur F. Browder, administrator, VS.,
| Frank r. McCabe ct al; conversion. Sub
mitted to jury; evidence heard in part
Anna Myers ct al. VS. John p. Rodibaugh
| ct al partition. Commissioner files report
| of distribution; report approved commits
sioner discharged. and trust closed.
Thomas j. Swain ct al VS.. Sarah Apple
ct AL. partition. Commissioner files report
of sale: approved; deeds ordered executed
| signed by the court; commissioner allowed
| $50 for services. Samuel Ashley allowed
SIPS; $40 to Thomas j. Swain, and So to But
| Ter * Elliott for abstract Of title, to be
taxed as costs; continued.
| Ashley Johnson, administrator. VS.. Citi-
| zens Street-rairoad Company: damages
L hv r.
| paid.
Frank ]. Irwin VS.. Lewis o. Thompson;
damages. Superior Court, Room 1.
Laura Dumas VS.. James Il. Dumas; d.
| vorce. Superior Court, Room 2.
Harriet Westfall VS.. Joseph Wait ct al.
| suit to contest will. Circuit Court.
| Sarah E. STARTS VS.. Bertha l.. STARTS e,
al; suit TO set aside conveyance Superior
| Court, Room 3.
| Julia J. Myrick VS.. Philip Z. Myrick; d.
| vorce.A Superior Court, Room 3.
| Tillie Robinson VS.. Paul Robinson; d.
| vorce. Circuit Court.
| Railroad Mems Building and Loan Asso-
| citation VS.. Sarah Urmston ct al; mort
| gage. Superior Court Room 2.
| Charles ~. Thompson VS.. the Preferred
| Accident Company. of New York; suit or
| policy. Circuit Court.
/ Edward III. Diehl VS.. Indianapolis Street.
| railway Company ct al; damages. Supe.
| rior Court, Room 2
Margaret T. Diehl vs. Indianapolis Street.
| railway Company ct al; damages. Supe
| rior Court. Room 2.