The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-06

:, JANUARY s, 1900.
must be averred that error was committed
tn the former proceedings, or that either
| lists.
APPELLATE COURT.
Chicago. etc.. Railway Company VS.. spen-
Ger. Boone G. c. Reversed. Comstock, j.
i. Sections 1866 and 1900, Burns's r. 8. 1894,
give the Circuit Court jurisdiction of actions
sounding in tort where the demand is less
| than 500. 2 An action against a railroad
company for stock killing is purely statu-
| tory and can only be brought In the county
| in which the stock is killed, and the place
plant to make 1t sufficient to withstand
demurrer for want of jurisdiction. Com
plant held sufficiently 3. In an action
against railroad company for the killing
OF stock the Circuit Court cannot be re-
sorted to where the value of the stock
killed or injured is less than $50 and in
| juries inflicted at different times cannot be
proved to give the Circuit Court jurisdic-
| ton.
I! 1856. State VS.. Casner. Lawrence c. c.
| Affirmed. Wiley, G. J.-Affirmed upon au-
| thority of State VS.. Robertson, decided
| Nov. %, 1892
1922. Stout VS.. Price. Rush C. c. At
| frmed. Robinson, il Under the statute
OF frauds and perjuries the question or
| fraudulent intent, in all cases arising under
| the provisions of that act, is a question of
| fact, which must be proven and cannot be
| presumed, but the proof need not be by
positive evidence. 2. If goods are mort
gagged to the mortgage in trust Tor the
| use Of the mortgageor fraud may be pro-
nounced as an inference of law. g. Section
| 6649, r. S. 1894, makes the fraudulent intent
| one of fact, and Section 6645 makes void
conveyance or transfer with intent to de-
frauu creditors, and Section 66i6 makes void
q
| the use of the person making 1t, and
party knowingly accepting such a convey
| ance or transfer will not be protected
against antecedent or subsequent creditors
of the person making IL.
| 1886. Baker VS.. Cawthorn. Knox c. c.
| Affirmed. Henley, il. After an executor
qualities, his authority over his decedent s
| property reaches back to the time of the
| decedents death and covers all acts done
| by him in the interest of his trust. 2 Elk
| ecutors derive their power and authority
| over their trust property from the laws OF
the State and not from the will itself.
| 3. Acts done by attorneys for an executor
| in the interest of the estate become valid
| claims against the same.
| 279S. Murray VS.. Cazier. Noble c. c. Pc
| tition for rehearing overruled. Robinson,
J-Where a man, his wife joining him.
leased his real estate for a term of three
years, and when prior to the period OF
| termination the owner dies, his wife cannot
recover from the tenant and other heirs the
value of the rents from the land when she
sues as the survivor named in the lease.
$3.50. Shilling VS.. Bruniff. Clark c. c.
| Motion to dismiss overruled
SUPERIOR COURT.
Room ii. L. McMaster, Judge.
| Cora Daugherty VS.. Jas. M. Daugherty
support. Dismissed for want Of prosecution
| John n. Wald VS.. Ida v. Hoffert; at
| tachment Finding for plaintiff against de-
| PENDANT for $s1.53 and costs. Finding that
| the attachment herein should be the same
| is sustained and order of sale OF attched
| Mathus Shrewsbury VS.. Ernestine Pol
| lix ct al; mechanics lien. Dismissed. Costs
| paid.
| Kretzer VS.. Bauman; mechanics lien
Tried by court and taken under advise
Room 3-vinson Carter. Judge.
Theodore F. Genring VS.. Chas. E. Shower;
appeal; Dismissed and costs paid. s...
railroad Company; damage. On trial by
| jury.
Henry Clay Allen, Judge.
W. Henry Hudson vs. Clara Hudson; d.
vorce. Submitted to court Evidence heard
| in part.
James E. Marts VS.. Kate Marts; divorce
Taken under advisement.
| John B. Lawless VS.. c., c., c. & ST. L.
Railway Company; to quiet title. Submitted
| to court. Finding for plaintiff. judgment
quieting title. Judgment against piaintin
| for costs.
State ex rel. VIM. A Ketcham. attorney
general, VS.. c. G. z. 1. r. r. Company. BY
agreement of parties cause dismissed al
| defendants costs.
| Thomas Smith, administrator. VS.. Norah
Freeman ct al; foreclosure. Plaintiff dis
misses cause. Judgment against plaintiff
| for costs.
Callie Hollick VS.. Jasper w. Hollick; di-
vorce. Defendant defaulted. Submitted to
court. Evidence heard. Finding for plain
| tiff. Decree of divorce. Custody of children
Frederick and Ferdinand, awarded tc
plaintiff. Defendant ordered to pay 81 pei
week into court for support or each OF
said children for five years. or until fur.
| defendant for costs.
Frances Bowman VS.. William Bowman;
divorce. Defendant defaulted. Submitted
plaintiff Decree Of divorce. Maiden name
| of plaintiff, Frances Steiner, restored
Judgment against defendant for costs.
| Trecy koerner VS.. Sophia Burget ct al.
| partition. Infancy of Mary M. Mussman
suggested. F. William L. NIussman ap-
pointed guardian ad Item. Submitted to
court. Finding right of parties and that
property is not Invisible. Sale ordered
John A. Hugg appointed commissioner and
| files bond of $4,000 with Martin NJ. Huge
surety. Bond approved. Commissioner &C
| cepts trust and is sworn.
John M. Wall VS.: William c. DAILY: cleo
| ton contest. Dismissed by plaintiff. Costs
paid.
Estella Grace MARI VS.. Charles Mari: di.
| vorce. Defendant defaulted. Submitted tC
1 court. Evidence heard in part.
| Charles z. Buoy VS.. Nora 2. Buoy; d.
| vorce. Dismissed for want of prosecution
| Judgment against plaintiff for costs.
| Lizzie Edwards VS.. William Edwards; d.
yorce. Defendant defaulted. Submitted tG
| court. Evidence heard. Finding for plain
| tiff. Decree of divorce. Plaintiff given Gus
| tody Of Edith Edwards. Judgment against
| defendant for costs.
| Mamie Brunswick VS.. James Brunswick
| divorce Defendant defaulted. Submitted
| to court. Evidence heard. Finding fol
| plaintiff. Decree of divorce. Plafntin giver
| custody of child, Pinkie Brunswick. Judg
ment against defendant for costs.
| Lillian NJ. Miller vs. John c. Miller; di
vorce. Dismissed for want OF prosecution
| Judgment against plaintiff for costs.
| Thomas d. Evans vs.. Eliza Coombs; ac
count Dismissed by plaintiff. Costs paid.
| Julia NJ Hays VS.. Horace Hays; divorce
| Submitted to court Evidence heard.
| NEW SUITS FILED.
State of Indiana ex rel. Emma F. Butt,
| VS.. Sigmond Schoen ct al; suit on bond
| Circuit Court.
Florence Sans VS.. Allen Sans; divorce
| Circuit Court.
Marion Bond Company VS.. Nettie Senoul
| ct al; Improvement lien. Superior Court
Room 2
Anna E. Sweet VS.. NO. Indiana Mutua
| B. and l.. Association; to recover money
| Superior Court, Room i.
Charles M. Hammond ct al. VS.. William
lTT 4l.,, fos- ort1,