The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-18
HIGHER COURTS RECORD.
SUPREME COURT.

1852. Vinegar VS.. State of Indiana.
Marion Criminal G. Affirmed. Hadley, J.
1. The Legislature has the right to declare
to be crimina any willful or wrongful tres
pass upon the rights of another and to call
the crime by any name IL chooses. 2. The
term agent" applies to anyone who by
authority performs an act for another. 3.
Section a22, Burns, 1901, relates to criminal
cases where the property at the time of the
conversion is rightfully in the control or
possession of the wrongdoer by virtue of
1854. Wagner VS.. State of indians
Blackford c. c. Dismissed.
Minutes
1906. Peter Lemon VS.. State Of Indiana.
Marion c. c. Appellee's motion to dismiss
notice.
1872. Like County Water and Light
Company VS.. Redmond ID. Walsh. Lake S.
c. Appellee's petition for additional time.
1890. Consumers Gas Trust Company
VS.. American Plate Glass Company ct al.
Madison S. c.. Appellees' petition for with
drawal and TO rehle assignment of cross
errors. Petition granted. Brief to be filed
Appellees' assignment of cross errors o.
APPELLATE COURT.
1925. limerick VS.. Miller. Wabash c. C.
Reversed. Black, jim the foreclosure of
mortgages upon real estate writs of assist
ance have no application under the code.
1874. Huntington, etc, Co., VS.. Schoheld.
Huntington c. G.. Affirmed per curtain.
]. A plea in abatement cannot be pleaded
VIII All dnSWtI III III Z. lutIGlH utnNlIk
that any such corporation as defendant
existed at the time the cause of action ac-
crued, by answer, is but a denial that the
debt is a corporate one. 2. Where there has
been a good-faith effort to organize a cor
pOration under a statute authorizing such
in corporations and corporate functions
have been assumed and exercised. the or
g~aniZation becomes a de facto corporation.
1885. Railsback VS.. Gordon. Marshall C.
G. Affirmed. Henley, J.-Where a decedent
by will devised to his widow certain real
estate In the following language. to wit:
TO have and 10 hold the same during her
life" IL creates only a life estate in the
widow.
S471. Ayres VS.. BIevins. Owen c.. c. Re-
versed. Roby, il. Amended pleadings
take out of the record the original and an
assignment OF error based upon the orig
inal pleadings present no question. 2. Bills
of exceptions to become part of the record
must be filed after being signed by the
trial judge. 3. The representation of a
material fast is necessary to a charge OF
fraud; matters of opinion and matters
equally within the knowledge of the parties
are not sufficient. A.. 1t is error 10 allow a
witness to detail the oral negotiations
which lead to the execution of a written
contract.
asa. Branstrator VS.. Branstrator. Aller
c. c. Petition for rehearing overruled.
1909. Board of Commissioners VS.. Koch
enour. Jackson c. c, Objection TO submits
sion overruled. Motion TO dismiss post
poned till final hearing.
Minutes
1895. Woodford f. Woods VS.. Indiana
Mutual Building and Loan Association No
3. Knox c. c. Affidavit TO appellant or
petition. etc.
4176. William Deering ct al. VS.. Henry c
Forgey. Montgomery {. {. Appellants
dismissal.
3S1S. The Town of Crown Point VS.. Mag.
gle a. Thompson. Porter c.. c. Appellee
petition and affidavit for leave to file brief
1926. Lorenzo ID. Jackson ct al. VS.. Eva
NJ. Sayler. Lake G. G. Appellee's petition
and affidavit for leave to file briefs.
1929. Lake County Water and Light
Company VS.. Redmond ID. Walsh. Lake S
c.. Appellee's additional brief (S)
1926. Thomas GOrmley Us. James ]. Kirk
land. Martin c. c. Appellants brief OF
petition.
42l0. Fred Laakmann ct al. VS.. Rebeccs
ThrockmOrton. Johnson c.. G. Appellants
brief 81