The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-07
THE COURT RECORD.
THE SUPREME COURT.

THE COURT RECORD.
THE SUPREME COURT.
1928. Mcfarland VS.. State of Indiana.
Hamilton G.. G.. Reversed. Baker, j.
When an offense is alleged to have been
committed on certain named person, the
name OF the person is an essential element
in the legal description of the offense and
must be proved.
1000. FIX parte Sullivan. Madison s. G.
Petition to withdraw record granted.
1904. Severins VS.. Robinson. Owen c. G.
Appellee ordered TO make motion to dismiss
assignment of errors more definite and TO
give ten days notice TO appellant.
APPELLATE COURT.
1855. Huff VS.. c., /. & l.. r. r. Co. Law
renee c. c. Affirmed. Wiley, G. il AL
though a locomotive engineer. in operating
his engine upon railroad track. runs ii
at a higher rate of speed than that allowed
by an ordinance of a city, and he neglects
his duty in giving the required signals by
failing to ring the bell and sound the
whistle, such acts do not constitute willful-
ness or wantoness when an injury is caused
by colliding with a person crossing the
tracks of the railroad. 2. Before willful-
ness can be attributed to servants or en-
ployes In the operation of train of cars,
facts should be averred and shown that
would charge them with knowledge, actual
or imputed, of impending danger, before
any duty of the company arises to require
of it affirmative acts or effort to avoid
resulting injury.
Bis. City of Huntington VS.. Cast. Hunt
ington c. c. Affirmed. Robinson, il
Within the limits of a city the mayor has
the jurisdiction and powers of q justice of
the peace in civil and criminal matters
arising under the laws of the State. 2 In
suits to recover penalties for the violation
Of city ordinances the mayor has exclusive
Jurisdiction. and the fees provided for the
mayor in such cases are paid by him into
the city treasury for the benefit of the gen.
eral funds of the city, 3. A city under
Section $685. Burns, 1894. is relieved from
recurring persons to work on the streets by
ordinance, although such ordinance may be
enacted. 4. The filing of an amended plead
ing takes the original out of the record and
valves any error In the ruling upon such
original pleading.
SUPERIOR COURT.
Room John L. McMaster, Judge.
Jefferson Caldwell ct al. We. John B.
Smitson ct al; for commission. Finding
and Judgment for plaintiff for 500 and costs.
Jennie Myer VS.. George Myer; divorce.
Finding and decree for plaintiff Judg-
ment against defendant for costs.
Room FLAMES M. feathers, Judge.
James r. Scudder VS.. Sarah Z. Scudder;
divorce. Dismissed at PLAINTIFFS costs
John Hauck VS.. Wesley NJ. Gerard ct al.
note. Defendants Wesley NJ Gerard. Ora
A Dunlap and David NJ. Gerard defaulted.
Evidence heard. Finding and judgment
against defendants for s22s.2S without relief
Edward Brewer VS.. Emily Brewer; d.
vorce Decree granted defendant on cross
complaint. Judgment against plaintiff for
costs. taf e5c
Room 3-Vinson Carter, Judge.
Alice Cunningham vs.. The North Amer
lean Construction Company ct al; dam
ages. Dismissed at cost of defendant:
Albert Albert G Rees VS.; indiadapoms uni ION
trial by jury.
CIRCUIT COURT
Henry Clay Allen. Judge.
Noah NJ. Harvey VS.. James w. Swails ct
al: to quiet title. Finding for plaintiff on
complaint. Finding for Defendant Swaiis
PENDANTS other than Louis D., Harvey and
Charles Halfaker for costs.
Willis ID. Engle VS.. George Brown ct al.
to quiet title. Dismissed by plaintiff. Costs
paid. a
r. Belle Gilwee VS.. John e. Gilwee; di-
vorce Defendant defaulted. Submitted to
court. Evidence heard. Finding for plain
tiff. Decree of DIVORCE Maiden name,
Rosa Belle Smith, restored plaintiff. Judg-
ment against plaintiff for costs. Platntid
forbidden to marry for two years.
John w. Bales VS.. Jessie Snider's Estate;
claim. Additional evidence heard. Taken
under advisement-
Clara E. Price VS.. Stephen A. Price; di.
vorce Defendant defaulted. Submitted to
court. Evidence heard. Finding for plain
tiff Decree of divorce. Custody of child
ment against defendant for costs.
The Arcadia Brick Works VS.. William II
Robinson; mechanics lien. Dismissed by
plaintiff Costs paid. F.
Flora Snider VS.. Harry X. Snider; di
vorce. Defendant defaulted. Submitted Il
court. Evidence heard. Finding for plain
tiff. Decree of divorce. Custody of child
Hazel May Snider. awarded to plaintiff
support of child. Judgment against de
| PENDANT for costs. Az
Dangerfield Ellis VS.. Lilly Ellis; divorce
Defendant defaulted. Submitted TO court
Evidence heard. Finding for plaintiff. De
| cree of divorce. Judgment against plaintiff
| for costs.
CRIMINAL COURT.
Fremont Afford, Judge.
Samuel Hamlin: selling liquor withou
license and selling liquor in drug store
| Defendant moved to quash each count
| Motion sustained as to first count; over
ruled as to second. Defendant arraigned
| Plea of not guilty to second count.
Samuel Hamlin; selling liquor to be DRUM
| on premises. Defendant moved to quash
| Motion overruled. Defendant excepted
! Defendant arraigned. Plea of not guilty
| Trial by court. Evidence heard. Findin,
| of guilty. Fined $50
| Samuel Hamlin; selling liquor without Ii
cense and selling liquor in drug store. De
| PENDANT filed motion to quash each count
Motion sustained as to first count AM
| overruled as to second. Defendant ar
| raigned. Plea of not guilty.
| Asa Garrett; criminal assault, assault
| and battery TO commit criminal assault
| Defendant files affidavit and motion 70
| allowance to bring witnesses.
Thomas w. Storms: grand larceny. Ar
| raigned. Plea of not guilty Trial b.
court Finding guilty Of petit larceny
| Fined 81 and Imprisonment in the count
| Jail for ninety days.
| John Kelley; assault and battery. Ap
| peal from Justice Smock Defendant ar
| raigned Plea of not guilty. Trial b.
| court. Evidence heard. Finding Of guilt
| ana fined so.
John Kelley; profanity. Appeal fror
| Justice Smock Arraigned Plea of no
| guilty. Trial by court. Evidence heard
| Finding not guilty.
NEW SUITS FILED.
Ella Ruddle. Administrative of the estat
| of Dennis Ruddle. VS.. The Cleveland Gin
oinnau. Chicago & st. Louis Railway Com
| pany; complaint for damages. Demand
| $4,000. Superior Court, Room 3.
Maggie a. Britton VS.. Artie A. Britton
divorce. Superior Court. Room 3.
Joseph III. Lawson VS.. Grace l.. Lawson
| divorce. Circuit Court.
Matilda Aufderheide VS.. Sarah Clark G
al: complaint for writ of habeas corpu.
| Circuit Court.
Ambrose Moore VS. The School Town c
| Irvington: on account. Demand. $500. ST.
| perior Court. Room l.
Richard Cox VS.. The New York Invest
| ment Company: TO foreclose a mechanic
lien. Circuit Court.
Mary A. Lucas VS.. John w. Little an
William Pea: damages. Demand. 5000
| Circuit Court.
John ]. Nelson, by his next friend. job
Nelson. VS. PARROT G. Taggart Bakery. A
| exander PARROT and Burton III. Taggar
damages. Demand. $4,000. Superior Cour
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