The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-14
H COURT RECORD.
COURT.

Reversed, Comstock, il. When a judg-
ment was rendered Oct. /, 1897. on motion
modified Jan %. 1898, an appeal perfected
lar Z, 1899, held, that the appeal was
within time. 2. 1t is the inherent power of
courts to correct mistakes and supply omis-
sions in their records whenever and wher-
ever the records supply the means of maxi
Ing such corrections or supplying such
omissions during the term in which judy
ment is rendered, such power is not re-
stricted to clerical misprisons or omis-
sions, but to errors of the court. 3. Clerical
errors may be amended after the term at
which Judgment is rendered for the purpose
of making the record speak the truth and
not for the purpose OF reversing a judy
n.ent. 4. 1t is error for the trial court to
modify a judgment so as to make a ma
terial change therein after the term at
which it was rendered has expired.
29l2. Columbia, etc. Company, assignee.
VS.. Tharp. Daviess G. G. Reversed. Rob-
inson, il. Under the act Of March s, 1897
(Acts 1897. Page. 2sD. an assignee of a
foreign building association may bring an
action in this State to wind up the affairs
Of such association, although the latter
had never complied with the laws of this
ness herein. 2. The fact that a stakeholder
in a building association has an order for
the withdrawal value of his stock when
the association becomes insolvent does not
make his claim any more meritorious than
that of any other stakeholder. 3. An order
prescribed by the bylaws of an association
for paying out money to stockholders In
the regular course Of business does not ap-
ply after the association has made an as
signment; and safter the assignment all
contracts mature and 1t is the duty of the
assignee to wind up the affairs of the in
stitution, and a stakeholder must bear his
proportionate share of the losses. 4. A
borrowing member from an insolvent build
ing association is only entitled to credits
from payments of interest and premium
as stock payments are to be subjected to
1Do1ae o~I .4-a z t. ~ At a.
a borrower on a note the defendant may
have set off against the amount due on
the note the amount due defendant from
the association for services rendered.
1883. Phoenix Insurance Company VS..
Walters. Gibson c. c. Affirmed. Black, j.
Il. Where a fire insurance policy provided
in the beginning that it was insurance
against all direct loss or damage by fire,
except as afterwards provided In the policy,
to an amount not exceeding a specified
sum, upon certain described property,
held, that the exception merely related
to all subsequent provisions of the policy
qualifying the otherwise absolute agree
ment to insure against such loss or dam
age, and to determine how far, in any par
~ticular, this qualification extends all the
subsequent provisions bearing upon the
matter are to be considered together and
harmOniZed, so far as the rules of construc-
ton applicable to policies of insurance will
allow. 2. Where a fire policy insured q
stock and such other mer-
chandise as is usually kept for sale in a
retail hardware store" whether dynamite
is usually kept with the hardware stock is
a question of fact.
1896. c., c., c. & st. L. Railway Company
VS.. Shrum. Montgomery c. c. Petition for
rehearing overruled.
1894. Equitable, etc., Association VS.. Scull
Boone G. G.. Dismissed.
3022. Ferris VS.. American Brewing Co
Marion S. c. Transferred to Supreme Court
S025. Calvert VS.. Hendricks. Boone c. c.
Transferred to Supreme Court.
SUPERIOR COURT.
Room John L. McMaster, Judge.
Joseph Lichstenstetter We. Citizens
Street-railway Company; damages. jury
returned verdict for defendant Citizens
Street-railway Company.
Capitai National Bank of Peoria VS.. Johr
X. Carson; on note. Jury returned verdict
for plaintiff for $6i4.22.
Altras NJ. Thompson VS.. Valentine Born
for possession of chattels. Finding for de.
ndant Judgment against plaintiff fol
| costs.
Room flames NJ. feathers. Judge.
Elizabeth Hawkins. Administrative VS.
| road Company; damages. On trial by jury
Room 3-vinson Carter, Judge.
Davis Schneiderman VS.. United State.
Express Company; damages. Jury return
verdict for defendant.
John Bayrne VS.. Hetherington & Berne,
Company; appeal. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Ida NJ. Stewart VS.. Louis c.. Stewart; di
vorce. Trial resumed. Additional evidenc,
heard.
NEW SUITS FILED.
Robert Davis VS.. Hattie Davis; divorce
| Superior Court, Room 3.
Marion Bond Company, trustee, VS.. Rosa.
lind Zoller ct al; Improvement lien. Su
perior Court, Room 3.
John Costello VS.. Jennie Costello; di,
vorce. Superior Court, Room 2.