The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-10
Loan Association VS.. Rhoda Shelton. Boone
c. c. Appellee's additional brief filed.
APPEvI.ATE COJyRT

Loan Association VS.. Rhoda Shelton. Boone
c. c. Appellees additional brief fled
APPELLATE COURT.
31S McGrew VS.. Thayer. Wabash c. c.
Affirmed Wiley, c. il. When a special
finding is silent upon material fact to be
found ii is taken as finding against the
party having the burden of proving such
fact 2. A warehouse receipt read as fol-
lows: Huntington. Ind. July Is, 1884,
Received in store Of --- bushels and -
lbs. of wheat, to be stored free for thirty
days. after which time Y of cent per
bushel on wheat per month. or any part
thereof, - to cover shrinkage, for
which We agree to pay the market price per
Dushel at any time to July ], 1895, subject to
the owners risk of loss by fire or heating.
(SignedD -" Held, that the contract
was one of bailment. subject only to the
right of the person storing the wheat at
any time up to July /, 1895. to demand and
receive from the warehousemen the market
price of the grain at the time of the de-
mand; and. that the title to the grain re-
NAMED In the bailor 3. When property In
the custody of a bailee is destroyed acct
dentally without any fault on his part, the
bailee is not liable.
3071- Patterson VS.. Snow. Hancock c. c.
Affirmed. Robinson, il. Sections 1897 to
1914 inclusive, Burns's, 1894, 1929 to 1916 in
elusive, Horner's, 1897. make complete pro-
vision for trying the right of property
seized by virtue of any writ of execution
other than the execution or attachment de-
PENDANT. 2. The fact that a party has
actual notice of an action does not dis
pense with the giving of notice required by
the statute to be given in designated
manner.
2o02. Greene VS.. Eden. Marion 8. C. Pc
titioI for rehearing overruled.
Minutes
3131. The Citizens Street-railroad Com
pany VS.. John Wagner. Marion 8. c.
SO44. Shaffer Peterson ct al. VS.. Jane
Struby Adams c. c. Appellants additional
authorities on petition, ETC.. filed.
1921. Grand Rapids & Indiana Railway
Company VS.. Ellsworth S. Petit. Allen G.
C. Appellants additional brief (s) fled.
1874 John Hufford VS.. Elmer E. Lewis.
Clinton c. c. Appellants brief filed.
SUPERIOR COURT.
Room 1-John l.. McMaster, Judge.
Coyatt and Trueblood VS.. A. c. Jones;
merchandise lien. Dismissed; costs paid.
Room FLAMES M. feathers, Judge.
William r. Meyers VS.. Mutual Life In
surance Company; receiver. Evidence con-
cluded. Taken under advisement.
Edward SPAIN VS.. Anna SPAIN; divorce
Decree granted defendant on cross COM
plant. Judgment against plaintiff for
costs.
Laura Hall VS.. Joseph Hall: divorce. De-
cree granted plaintiff. Judgment against
plaintiff for costs.
Charles E. Dryer. Special Judge.
Alvin T.. Clark VS.. Annie Perry; note.
On trial by jury.
Room 3-vinson Carter. Judge.
Daniel Foley VS.. The New Telephone
Company; contract. On trial by court.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Lewis Miller VS.. c. Aultman Company;
receivership. Receiver files report of pay
ont ooI ,1fo To cll1 Ina <z~f1 4ff
and tenders deed. Report and deed ap-
proved, and files petition for authority to
institute proceedings to revive judgment
Petition granted
proceedings supplemental to execution. De-
PENDANT ordered to appear In court May II,
1900 and answer concerning his property.
In re requisition from Governor of Ohio
for Thomas Wing. fugitive from justice.
Thomas Wing. requisition for robbery.
William Burke. agent from State of Ohio.
Defendant identified and turned over to
agent.
Railway Ohicials' and Employees Acct
dent Association VS.. the American Bonding
and Trust Company of Baltimore city; on
bond. Arguments had. Taken under adj
visement
Jams Milliken VS. William H. Poole ct al !;
from ]. p. Defendant prays appeal to SUI
preme Court Granted on filing bond in
$500 In thirty days with security to be ap-
proved by the court.
On motion of NJ. L. Clawson, Eli NJ.
Welker admitted to bar.
Frank s. Melton VS. N. Belle Melton; di-
vorce. Dismissed by plaintiff. Judgment
against plaintiff for costs.
Lucy A. McCord VS.. Thomas B. McCord;
divorce. Defendant defaulted. Submitted
to court. Decree of divorce. Plaintiff given
custody of child. Emerson McCord- Judg-
ment against defendant for costs.
Laura Cullim VS.. Walter Cullim; divorce.
Defendant defaulted. Submitted to court.
Evidence heard. Finding for plaintiff. De-
cree of divorce. Judgment against plaintiff
for costs. Plaintiff forbidden to marry for
two years.
Mary NJ Rogers VS. James C. Rogers;
divorce. Defendant defaulted. Submitted
to court. Evidence heard. Finding for
Of plaintiff, Mary M. Clements, restored.
Judgment against defendant for costs.
Karen NJ. Poulsen vs. Lars Peter L. Poul-
sen ct al; for support. Cause dismissed.
Judgment against plaintiff for costs.
Alfalfa Danforth VS.. John Danforth; di-
vorce. Defendant defaulted. Submitted to
court. Evidence heard. Finding for plain
custody Of child, Earl Danforth. Judgment
against plaintiff for costs. Plaintiff for
hidden to marry for two years.
CRIMINAL COURT.
Fremont Afford. Judge
Thomas Mullen, robbery and petit lar
ceny. Sentence on verdict of jury. Fined
$40 and Imprisonment in workhouse for
sixty days.
NEW SUITS FILED.
Sarah ]. Black VS.. John A. Day and Anna
L. Day; to forclose mortgage. Circuit
Court.
Personal Property Savings and Loan AS
ISOLATION VS.. Nathan Karn; to foreclose
mortgage: Supreme Court. Room 1.
Mary Ella Johnson vs. Rudolphus Ellis.
worth Johnson; divorce. Circuit Court.
Jollietta z. Corbaley VS.. George M. Cor
bailey; divorce. Superior Court, Room e.
Dora Hoyt VS.. David B. Hoyt; motion to
modify decree. Superior Court Room 2.
Annual Gymnastic Examination.