The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-11
THE COURT
SUPREME COURT.

cendent's estate, treating the probable proceed
ings as a nullity IS a collateral attach and an
appeal from a judgment therefrom is properly
taken under the general statute ) section
sheriff 70 purchase a certificate of sale. 3
Where a widow takes her interest IN the de-
ceased husbands estate under the law and mar
ries again. the interest she receives in the
estate is an alienable fee. subject to The rights
OF her children. by her former HUSBAND. at her
ls715. Barber VS.. Barber. Hamilton q C. Re-
versed. Jordan. il. Where the heirs Of a
decendent seek to recover or reach his personal
estate they must allege and prove either that
his debts have been paid and the estate finally
settled or that no ~ietters OF administrak lion have
been granted thereon 2. An order g.anting a
new trial as OF right is waived by thd opposing
party when at the next ternt of court hies a mo-
ton TO vacate such order which is overFuied and
then reforms the issues by filing a Few COM
a year when they renew their motion 90 Sacate
the order. granting a new trial, upon sther and
1900. Ralya VS.. Atkins. Marion S. ;. Order
versus appellee to show cause why papers are
Minutes
19471. Neil Merrill VS.. State of indiana. How
ard C. c. Brief for State CD
1921. Laura d. Brooks ct al. VS.. IT,. c.. c.
& ST. L. Railway Company. Marion 5 c. APP
1900. William S, Ralya vs.. E. C. Atkins Com
pany. Marion s. C.. Appellants application for
1885,; The Michigan Trust Company. executor.
Printed iii brIef Of appellant m naGtasc0' "ni's' : =
1s4sS. Leon Bonham VS.. the Citizens Street.
railroad Company. Marion s. Z. 1S5th day, May
1886. John G.. shaeffer VS.. julius C. Iomenger.
Bartholomew c. c. Appellants brief.
Marion c. c. Appellee's reply brief on notion.
APPELLATE COURT.
1863. Guenther VS.. Foley. Laportc C. c..
Affirmed. Comstock, il. In a complaint seek
ing damages on account of a bite from a dog an
allegation that the defendant kept a dog which
was of a fierce and dangerous nature and i'm
proper to go at large, and with a propensity to
attack and bite mankind. is not a conclusion
instead Of facts. :. Special findings override the
general verdict only when both cannot stand,
and this antagonism must be apparent upon the
face of the record beyond the possibility of be-
missible under the issues before the court can
be successfully called upon TO direct judgment
in favor of the party against whom a general
keeper of a vicious dog is bound to SO secure it
as to prevent any mischief to any one who is
1899. Insurance Company. etc. VS.. Osborn. Full
ton c. c. Affirmed. Robinson, il. Where the
Identical IL is proper for the court. upon agree
ment of the parties. to consolidate the two cases
scented by one transcript. And the fact that
separate judgments were rendered ard separate
not require a separate certificate OF the clerk to
the transcript for each defendant below. 2. Where
an insurance policy provides only AGAINST the
tion of the property at the time the policy is
issued is immaterial. .. After a settlement of
livers to the insured a draft for The amount of
the insurance agreed upon, payment of which
is refused by the insurer, and the same is al
lowed to go TO protest the insured may treat the
draft as worthless and bring suit as il no at
tempt at settlement had been maze. 4. An
answer to an interrogatory which is consistent
with the general verdict will not overthrow the
verdict on account of there being no evidence
to support the answer.
1857. Workman vs.. Mimick. Sullivan C. c.
Transferred, TO Superior Court.
1914. Hufford VS.. Lewis. Clinton c. c.. Trans
ferred to Superior Court.
$500. Dunn VS.. Estate Of Evans. Jay c.. C.
~ tn HiCr1af=G rnCfnannd unit Anal ~
Minutes
c. c. Appellee's brief. Appellants points for
oral argument o.
C. G. Brief Of appellee Britton & b. 60 Brief
of appellees DALEY and Eddington.
SUPERIOR COURT.
Room John L. McMaster. Judge.
Sanford Hamilton VS.. Henry Johnson; on judy
ment. Finding and Judgment for plaintiff against
defendant for $500 and costs.
Sanford Hamilton VS.. Henry Johnson; on judg-
ment. Finding and judgment for plaintiff against
defendant for sl75.56 and costs.
indianapolis Manufacturing Carpenters Union
VS. Albert Worm: on account. On trial by court.
Violet Langsdale ct al. VS.. City of indianapolis
dismissed and cost paid.
Room flames NJ. feathers. Judge.
Elias Wolf We. Citizens Street-railway Com
pany; damages. Jury instructed and retire. Re
turn verdict for defendant.
Room S-vinson Carter, Judge.
Thomas w. whitlock VS., Edward Dorsey ct al.
appeal. f1nd1ng Tor DEFENDANT and Judgment
against plaintiff for costs.
Room S-Charles A. Dryer. Special Judge.
Van Camp Packing Company VS.. William H.
Wishard; account Jury out.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Myrtle wiehenstroth VS.. John Wiehenstroth
divorce. Defendant defaulted. Submitted To
court. Evidence heard, Finding for plaintiff.
Decree OF divorce. Plaintiffs maiden name.
Myrtle Trulock. restored. Judgment against
plaintiff for costs.
Lewis Brandenburg ct al. VS.. Washington Saw
ings and Loan Association; for receiver. Receiver
authorized to sell real estate to Ambrose O..
TIpton and Aaron Moser. Deeds presented and
State ex rel. Ida Mccain VS.. Isom Valentine;
against defendant for 500 payable as follows:
Sept. II. 1901, and $25 by Dec. II. 1901. Defendant
to stand committed to custody of sheriff until
State ex rel. Eta Adams VS. John Conn: has.
tardy. Dismissed for want OF prosecution. Judg-
msnt against ire relatrix for costs. Defendant or
Josie f. Driscoll VS.. Cornelius Driscoll; divorce.
Defendant defaulted. Submitted to court. Evil
diTefee neae CUSTODY r,ho of child fir pisa osie NJ Df 5riscof 81
awarded to plaintiff. Judgment against defend
ant for costs. Defendant ordered to pay $50 into
court in thirty days for PLAINTIFFS attorney.
4. S. r.. Seguin VS.. Frank De Wald's Estate:
claim. submitted to court. Allowed for s. 10
Rebecca Blackwell VS.. julius A. Blackwell;
divorce. DEFENDANT defaqlted; Submitted q
Decree Of divorce. Judgment against defendant
for costs.
Mary a. Gates VS.. Michael Gates: divorce. De.
PENDANT defaulted. submitted to court. Evil
dence heard. Finding for plaintiff. Decree of
divorce. Judgn ent against plaintiff for costs.
Catherine Manion VS.. Michael Manion; divorce
Defendant defeaulted. Submitted 20 court. Evil.
Gence heard. Finding for plaintiff. Decree OF
divorce. Custody Of child, James Manion,
awarded to defendant with permission to plain,
tin to visit child at least once a month between
against defendant for costs.
Louise 4. Pealow VS. James c. Pealow's Estate,
claim. Trial resumed. Additional evidence
heard.