The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-16
THE COURT
SUPREME =


1920. Riley VS.. Allen. Boone c. c. At
firmed. Monks. il. Where the tnstruc-
tions given and those requested and refused
are not made a part OF the record Dy a Dill
OF exceptions. or an order of court, and the
record does not show that those given were
filed after they were given and excepted 10,
nor that those requested were nied after
being refused and the refusal excepted to,
no question is presented concerning the cor
rectness of the instructions, or either one
of them. 2. Merely writing on the margin
or at the close of each instruction refused
and excepted to- or given and excepted
to- and howing who took the exception
and dating said memorandum and the
Judge signing the same, does not make the
instructions part of the record, but after
such exception they must be filed and the
record affirmatively show that fact before
they are a part of the record.
1906. Barnhart VS.. State of Indiana. De
Kalb c. c. Reversed. Baker. il. Where
an information charges that the defendant
on a certain date Ibid then and there un-
lawfully, feloniously and burglariously, in
the night time, break and enter into the
barn of one Frank Fiske then and there
situate, with intent then and there felon-
iously and burglariously to take, steal and
carry away certain pieces of meat then
and there situate. said meat being then and
there of the value of So, contrary, etc. Held
that inasmuch as the did not
charge ownership of the property 1t would
not withstand a motion in arrest. 2. One of
the elements of larceny is that the property
oAiQll NC VI DSAAAo
stolen, taken and carried away.
1868. Bell VS.. Shaffer. Marion S. G. At
frmed. Bowling, il. Where an admins
traitor was ordered to sell two-thirds of an
individual piece of real estate and sold the
same in compliance with the courts order,
the purchaser thereof took the land subject
to all liens and membranes. 2. Where the
court orders a sale of real estate by an ad-
ministrator to pay general creditors and the
sale is actually made the petition for sale
cannot be subsequently converted into an
application to sell the real estate to dis
charge specific liens, or to enlarge the sale
of two-thirds of the lot so as to include the
entire premises.
1900. Bohrof VS.. Schultz. Pulaski G. c.
Petition for rehearing overruled-
APPELLATE COURT.
1927. p. c., c. & ST. L. Railroad Company
VS.. Carlson. Porter G. G. Affirmed. Rob-
inson, il. In an action for personal in
juries received at a railway crossing plain
tiff need not state the distance the train
was from him when he first knew of its ap-
proach, nor need he state the method by
which he discovered the approach of the
train. 2. This court cannot weigh the evil
Gence so as to determine where the prepon-
derance lies. 8. A failure on the part of a
railroad company to give the statutory
signals at public crossings is negligence
per Sc and to entitle an injured person to
recover he must show that such negligence
was the proximate cause without which the
injury of which he complains would not
have, resulted. 4. A party may not impeach
his own witness but he may show that the
witness is adverse to him. or that his in
terest lies with the other party. and 1t is
rot error to instruct the jury to that effect.
5. An instruction as follows: IF you find
for the plaintiff 1t will be your duty to as
SeSS his damages in such sum as you find
from the evidence that he is damaged by
the injuries received at the time of the ac-
cident, and in SO doing you may take into
consideration his loss of time, his pain,
suffering, his mental anguish and distress,
his permanent injuries, IL any you find to
exist, and all other facts and circumstances
bearing upon his injuries" etc. Held that
the instruction told the jury it was to be
guided by the evidence.
3Ol2. Allen vs. Toner. Fulton c. c. AZ
firmed. Black, il. Where a complaint is
In tort for the conversion of certain per-
sonal property the value of the property
alleged to be converted and that plaintiff
sustained damages by reason of the CONVEX
sion should be alleged. 2. Where a written
instrument is not the foundation of the
action it's attachment to the complaint will
not aid the complaint.
322S. National Bank VS.. Capp. Shelby G..
c. Affirmed. Comstock, J.-This cause is
affirmed upon the authority of Tarplee VS..
Capp, decided this term.
SUPERIOR COURT.
Room John l.. McMaster, Judge
John Z. York VS.. The Artificial Ice Com
pany; damages. On trial by jury.
State of Indiana ex rel. VIM. l.. Taylor,
attorney general, VS.. The Guarantee Bond
and Accident Company; for. appointment
Of receiver. Albert H. Collins appointed
receiver.
Room Flames M. Leathers, Judge
Elizabeth Hakwins, adm'x, VS.. Volney
T.. Malott, receiver; damages. Jury re-
turn verdict in favor Of plaintiff and assess
her damages at $1,000.
Henry K. Cloud ct al. VS.. Eli +. Ritter;
quiet title. On trial by jury.
Room 3-Vinson Carter, Judge
Cyrus McGhehey VS.. Nancy Bash ct al;
damages. Jury instructed to return ver-
dict for defendants.
Charles Collier VS.. Charles II. w. Otte;
damages. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge
Emma Sanders VS.. Ellis Sanders ct al
support, etc. Plaintiff dismisses as TO G.. F..
Reuter- and Clara E. Bailey and Jos.
Forbes. Submitted to court. Evidence
heard. Finding for plaintiff. Decree of di-
vorce. Custody of child, Letha Vivian San
ders, awarded to plaintiff. Judgment is
defendant for costs.
William Lowenthal naturalized.
John +. Roe VS.. Jesse Roe'S Estate. Sub
mitted TO court. Allowed for $3.50. 80. includ-
ing attorneys fees. Costs VS.. estate.
Lewis Brandenburg CT al VS.. Washington
Savings and Loan Association; for re-
ceiver. Petition of Fidelity and Deposit