The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-24
THE COURT RECORD.
SUPREME COURT


1868 Bruce VS.. Osgood. Marion c. c.
Affirmed. Baker. il. Where defendant
is entitled to introduce his whole defense
under the issues rendered by his general
denial, the overruling Of a demurrer to an
affirmative answer is harmless. 2. A court
which has jurisdiction to render a judg-
ment is the proper court in which to bring
an action to revive and enforce the judg-
ment after the death of the judgment
debtor. 3. Where a court of general juris-
diction is called upon to decide whether it
has jurisdiction of particular cause, and
so decides and renders judgment in the
cause, its judgment rendered is impervious
10 collateral attack. 4. 1t will be pre-
of any judgment tainted with fraud, If a
direct proceeding were brought before IL,
and II is not a prerogative of another court
OF concurrent jurisdiction to grant such
relief
1864 Lingenfelter VS.. B. G. o. S. w. Ry.
Co. Clark c. G.. Affirmed. Jordan, j.
i. The mere fact that the public is per-
mitted to pass over the premises of a rail-
road company for the convenience of the
public and without any invitation or in
ducement from the owner thereof, the latter
is not liable for an injury received by per-
son on account of his falling into an I'M
guarded pit constructed upon such premises
for the use of the owner. 2 Where person
goes upon the premises or land of another
without inducement or invitation held out to
him by the owner or occupant he accepts
tllC use VI tiic piCluiScS SuUJtCl W jill uei-
gers incurred thereby in their use or en-
joyment.
1880. Capitol National Bank vs. Reed.
Washington c. c. Dismissed. Monks, j.
l. All parties to a judgment adverse to
appellants should be brought into court on
appeal as co-appellees. 2. On appeal the
record should contain the cross-complaint
filed in the lower court to show a COM
plete transcript. g. In the absence from
the record of the pleadings upon which the
question raised by the assignment Of errors
depend, no question is presented.
1919. L. e. w. r. r. Co. VS.. Hoff.
Cass c. c. Transferred to A. c.
1906. Walker VS.. Wehking. Marion s. c.
Petition to substitute record granted
1918. Mccoy VS.. Mccoy. Lake s. G. Mo
ton to reinstate overruled.
1929; Board of Commissioners VS.. Gard
ner. Perry c. Motion to dismiss as to
Board Of Commissioners sustained.
1894. Moran Va. Creagan. ST. Joseph
c. G. Motion in reference to assignment Of
errors Overruled.
1859. City of Goshen VS.. A.ford. Elk
hart c. c. Petition for rehearing overrrled
APPELLATE COURT.
2754. Wysor Land Company VS.. Jones
Delaware e. G.. Affirmed. Henry, il. In
an action upon written contract involving
the purchase of real estate wherein IL l.
agreed that certain improvements shall be
made according to plans and specifications
such plans and specifications are not such
part Of the contract so as to become 81
essential part Of the complaint by way Of
an exhibit, where the plans and specifica-
tfons are in no wise involved. 2. Where spe-
cial findings are so antagonistic as to de-
stroy each other they will not affect tho
general verdict. 3. When the record shows
evidence to sustain the verdict this court
will not review a disputed question of fact
4. In motion to strike out certain evi-
dence the motion should designate the wit
neSSeS who gave the testimony and call tho
courts attention to the particular questions
o,.I rl,t h.1r fvin
2724. Nevian VS.. Poschinger. Floyd c. c.
Appeal sustained and judgment modified
Wiley, G. il. A court of general jurisdic
ton should not stay execution as to judg.
ment except in the clearest cases only, and
where without it irreparable injury to one
or the other of the parties to the judgment
would follow. 2. A garnishee cannot by
collision with his attachment plaintiff
prejudice the rights of his bona fide credi
tor in the collection of his debt. 3. A gar
nishee is a mere custodian of the property
or funds in his hands, and he has no right
to favor one party more than another. 4. Tt
entitle a garnishee to be protected so as no.
to be compelled to pay the same debt twice
he should stand indifferent and without
favor between the attachment plaintiff ant
defendant and should act in good faith
296s. National Bank VS.. Midland Stee
Company. Delaware c. c. Transferred t.
S. c. per curtain. Where the relief asked
is the reformation of promissory note ani
the appeal is from the action of the tria
court III SUSTAINING d utkIiuT.eT 10 the cOus
plant jurisdiction on appeals is in the Su
preme Court.
1869. c. & s. E. Railway Company VS.
Yawger. Henry c. G. Affirmed. Robinson
plant is not available error If there is
special finding of the facts and there is
correct statement of the law upon the fact.
found. ?. Where party, employed to d.
work is prevented from doing ii, and ii
thereby deprived of the clear and certain
and usual profit arising upon such work
such profit is a proper subject of damages
3. Where there is an indivisible, entire con
tract party will not be permitted, In sue
cessive suits, to present claims which nigh
have been litigated and determined wher
the first suit was brought.
1869. National Bank VS.. Midland Stee
Company. Delaware c. c. Transferred t.
s. c.
1916. Baehmer VS.. State of Indiana. Fay
cite c. c. Motion for supersedeas over
ruled.
Room John L. McMaster, Judge.
Henry Bullock VS.. William Robertson
habias corpus. Finding for defendant
Judgment against plaintiff for cost.
Room flames NJ. feathers. Judge.
Chas. r. Clark VS.. indianapolis Drol
Forge Company; damages. On trial b,
jury.
Marion Bond Company, trustee vs. Henri,
Berry ct al; improvement lien. Defendant
defauted. Finding and judgment agains
ordered.
Robert Freund VS.. Mathew e. Dean; &C
count. Defendant defaulted. Finding an,
Judgment against defendant for $46.54 an,
costs
CIRCUIT COURT
Henry Clay Allen, Judge.
Violet Bartlett VS.. Alfred Hoover; parti
| ton. Defendants called, defaulted, sub
mitted to court. Finding for petitioner
Finding that property is not divisable. Sal
| ordered. Sullivan NJ. Hilligoss appointe,
| commissioner to sell. Commissioner file
bond for $500 with Albert l.. Furgasol
surety thereon. Bond approved.
Joseph Crime VS.. John II. Kemper ct al
| damages. Trial resumed; additional evi
dence heard.
NEW SUITS FILED.
Elmer Nj. Peterson VS.. Frances l.. Peter
son; divorce. Circuit Court.
Charles Girton VS.. George A RUBBISH
replevin. Superior Court, Room i.
Bessie 3. Virgins VS.. William Virgins
| divorce. Circuit Court.
Geo H. Herman VS. Maggie Herman; di
| vorce Superior Court, Room 1.
| Bake & Krauss Company VS.. John c
Robinson ct al: mechanics lien. Circui