The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-19
Robinson. trustee, etc ct al. Owen G. C.
Amended motion to dismiss amended as
signment of errors.
APPELLATE COURT

SiSniicul VI trTOrS.
APPELLATE COURT.
1882 Masten VS.. Indiana Car, etc. Com
pany- Marion S. c. Affirmed. Robinson.
il. Affidavits in support of motion TO
set aside default, together with the mo-
ton, are not for the purpose of adjudging
the judgment null and void. but for the
purpose of allowing the moving party to
interpose defense TO the action. and
demurrer to the motion and affidavits for
want OF facts amounts to a submission or
the motion and affidavits to the court for
a hearing on the facts therein set out J.
motion is properly heard on affidavits
only, although in the discretion OF the
court oral testimony may be heard also.
and such affidavits are evidence and not
pleadings, and when so treated by the trial
court they will be so considered on appeal
3. The statute does not require that mo-
ton and affidavits to set aside default
set out the original cause of action, but
simply the nature of 1t, but the facts con-
shutting the defense must be shown. 4.
When the trial court decides an issue or
fact made by affidavits in a cause the con-
clusion of the court will not be disturbed
IL il is supported by any evidence. ..
There is no statutory prohibition against
the attorney general accepting private pro-
fessional employment g. II the facts re-
lating TO a motion to set aside default
are undisputed and the conclusion to be
drawn from these facts is indisputable the
question for the trial court is then one or
law. T. Whether there was excusable neg
lect in allowing a judgment TO be taken by
default is to be determined by the partic-
ular facts of the case.
2746 Rosenbaum VS.. State of Indiana.
Jasper c. c. Reversed. Wiley. c. IA
person licensed to keep a saloon cannot
be held liable for violation of law by his
servant in making a sale of liquor during
prohibited hours when the violation takes
place in the absence of the owner and in
direct violation of his instructions TO his
servant.
2256 Haas We Copes etc Manufacturing
Company. Upton c. c. Motion for leave
to comply with rule granted and ten days
given.
Minutes
9O7e. The Holt Ice and Cold Storage Com
pany VS.. The Arthur Jordan Company.
Marion S. c. Appellants points.
1921. Joseph Harris Ward VS.. The Pitts
burg, Cincinnati, Chicago & st. Louis Rail-
way Company. Porter c. c. Appellee
S237. John II. Bass, receiver. VS.: Wilhemi-
ma Reitdorf. Dekalb c. c. Appellee's brief.
SUPERIOR COURT.
Room John L. McMaster, Judge.
John w. Oliver VS.. Edward Ferger; on
contract. Evidence heard.
Wilkison Pape and Bessie Sample VS..
Finding of judgment for plaintiff against
defendant and costs. Decree of foreclos-
ure and order of sale.
Room 3-Vinson Carter. Judge.
Florence A. Douthitt VS.. The North
American Construction Company ct al /;
damages. Jury returns verdict for defend
ants.
The Almo Cement Company VS.. James
w. Wilding ct al; judgment. Finding and
judgment against defendantas. w. X.
Hines and Victor M. Backus, for 1880 and
costs.
On motion of II. M. Bowling Arthur A.
Laughlin was admitted to the bar.
Charles E. Reynolds ct al VS.; James
Renihan; contract Plaintiff :. dismissed
cause. Judgment against plaintiff for costs.
William III. Williams. administrators. VS..
Indianapolis Gas Company; damages On
trial by jury.
CIRCUIT COURT
Henry Clay Allen, Judge.
Joseph Friedman ct al. VS.. Mrs. Cornelia
BUckner; injunction. Temporary restrain
ing order granted against defendant.
r. H. Bigger VS.. Henry M. Smiths Es-
tate: claim. Allowed by administrator for
$3.50 at cost OF estate.
John W. Bales VS.. Jessie Snider's Es-
tate; claim. Finding for estate. Judgment
and claimant for costs.
Michael O'Connor VS.. Oolite Quarry Com
pany; damages. Trial resumed. Additional
evidence heard.
CRIMINAL COURT.
Fremont Afford, Judge.
Wayman White; murder. Trial by jury
resumed. Argument concluded. Instruction
of court given. Jury out. Jury returned to
be reinstructed.
NEW SUITS FILED.
Bell Douglass VS.. Samuel Douglass; d.
vorce. Superior Court, Room /.
Alkaline Thornberry VS.. The Indianapolis
Rubber Company; damages Demand $25,-
900. Superior Court, Room 3.
Lula NJ. Riggor VS.. Charles III. Riggor;
divorce. Superior Court, Room 8.
Ida ]. Carter VS. Lemuel j. Carter; di-
vorce. Superior Court, Room 2.
Cornelia Weyenberg ct al; complaint to
fcreclose mechanics lien. Superior Court.
Room 1.
Susie May Rusie VS.. Amos w. Rusie,
William A. Rusie and John Rusie; divorce.
Circuit Court
Lewis Perline, by Moses Perline, his next
friend, VS.. Mary Farmer; damages. De-
mand 5000. Circuit Court.