The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-31


general verdict. f. A person has the RICH:
TO assume that premises upon which he Is
invited are kept in reasonably safe con-
dition. 5. The overruling OF a motion 10
submit instructions to the jury Is not the
subject of an independent assignment of
error. g. In cases where the facts are dis
puted or where they are equivocal and diff
ferent differences can reasonably be Drawn
from them the question of negligence must
be determined by the jury under proper in
structions. Z. What is due care in entering
a strange place depends upon the circum~
stances.
firmed. Wiley, G. il. Where IL appears
i'm an affidavit made before justice of the
peace that the person who Administered
the oath was justice of the peace ii need
not be again shown in the jurat TO the
affidavit. 2. Where there is some evidence
to support the finding of the lower court
1t will not be disturbed on appeal.
5000. Hamilton vs.. Miller. Marion $ c.
pany represents the holders interest in the
company, and money received for the sale
of such stock cannot be considered rev.
enue from the company, and the stock may
be sold Immediately after its purchase.
2. Where the rules of the court require APP
plications for a change of venue TO be filed
at least five days before the day on which
the cause stands on the trial calendar for
trial. unless sufficient reason Is shown by
affidavit for failure to make the applica-
ton i'm compliance with the rule, on fail
ure to file the application until within the
FIVE days a sufficient reason therefor must
be stated In the affidavit required.
SUPERIOR COURT.
Room flames p. Baker, Judge Pro Tenn.
Rose Mathews VS.. City Street-railroad
Company; damages. On trial by jury.
Room FLAMES NJ. feathers, Judge.
Interstate Building and Loan Associa-
| ton Enoch Moore ct al: foreclosure.
| Evidence heard. Finding and judgment
| for plaintiff for $S55.50 without relief and
costs Foreclosure and sale ordered.
| Wymond ]. Beckett VS.. Morris c. Morris;
attorneys fees. Defendant defaulted. Evil
dence heard. Finding and judgment
against defendant for 800 and costs.
Fletcher Brown ct al. VS.. John MeffOrd
ct al; ejectment. Finding and judgment
| against plaintiff for costs.
Carbon Ogle VS.. Moses M. Martin ct al {;
| foreclosure. Petition of defendant, Bar
nett and Fancy Grocery Company refused.
Receiver ordered to pay funds to defend
ants, Cross and Cross. Receiver dis
/ charged.
Jacob Hollingsworth VS.. James z. ABB
| bolt; ejectment. On trial by court
| Room 3-vinson Carter, Judge.
Viola Gray VS. Charles Gray; divorce.
/ Granted plaintiff with custody of child.
| Judgment against defendant for costs.
| Ray c. Shaneberger ct al. VS.. Elias Wolf;
| injunction. Dismissed and costs paid
1 Tillie M. Bacon VS.. Hans G. Hansen ct
/ al; foreclosure. Dismissed by plaintiff.
| Judgment against plaintiff for costs.
John w. Morris VS.. Lizzie Morris; di-
/ vorce.
Henry Clay Allen. Judge.
| William II. Daily ct al. VS.. George H.
| Black; to foreclose liens and for receiver.
Application for receiver submitted To
Court: defendant appears and consents to
appointment. Thomas Neron appointed
1 receiver. Accepted trust; filed bond OF
Il ha
| Trust Company, surety; bond approved;
/ commissioner sworn.
international Building and Loan Associa-
| ton VS.. Board of Commissioners of Marion
county,; appeal from board Judgment on
| especial finding against plaintiff for costs
International Building and Loan Associa-
ton, No. 2 VS.. Board of Commissioners OF
Marion county; appeal from board. Judg.
| ment on special finding against plaintiff
| for costs.
l Karl Haupt VS.. Indianapolis Planning
Mill Company; for receiver: Order limiting
Il time of filing claims, etc. Receiver ordered
to give notice by publication.
James H. Paris ct al vs. John II
Thatcher; on account. Defendant de-
faulted. Submitted to court. Evidence
against DEFENDANT for slO24 AZ and costs
Charles c. Wishmier VS.. Ella Wishmier
divorce. Defendant allowed SIS for prep
| aration for trial and 50 per week for sup
port Of child and self until conclusion o.
trial.
e. f.. Northrop VS.. Dina Milligan unlaw
full detention etc. From justice or peace
Jury instructed, retire. and return verdic
| for defendant.
CRIMINAL COURT.
Fremont Afford, Judge.
Calvin l. Fletcher; attempting crimina
operation. Argument. Jury instructed.
NEW SUITS FILED.
Attic B. Hymer VS.. James /. Hymer: di
| Court. Room 3.
Howell A. Thompson VS.. Thomas J
Riggs; on note. Circuit Court.
| Katie b. Towson George II. Towson
complaint for divorce. Circuit Court.
Edward Mitchell VS.. Frances Mitchell
| divorce. Superior Court, Room 2.