The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-05
SUPREME COURT.

The tOthT hEtOhD'
SUPREME COURT.
1859. Williams VS.. The State. Madison C.
c. Affirmed. Hadley. il. To sustain an
10 this court a record which affirmafively
shows that prejudicial error was com
mitted against him. ,. Under Section GAL,
Burns. 1894 when the record does not other
wise show the decision or ground of objec-
ton thereto. the party objecting must pre-
sent 10 the judge a proper bill of exceptions
which, when approved by the judge and
filed, shall become a part of the record.
3. When a person claims error the part
Of the trial court in denying him a trial
by jury the record must show the pref
judicial error committed.
1851. State ex rel. VS. Board Of Commits
soners. Henry G. &. Affirmed Jordan, j.
drainage commissioner cannot compel by
mandamus proceedings the county COM
missioners TO remove bridges constructed
across waterways, so as to enable the
drainage commissioners TO proceed with
the construction Of a public drain ordered
by court.
1852. Green VS. The State. Henry G c
Reversed. Baker, j. In pleading a con-
spiracy TO commit a felony, the elements
of the intended felony must be fully dis
closed, so that the court may see that a
public offense is in fact charged. ,. In
pleading a conspiracy TO blackmail the in
dictment must allege the ownership of the
property or explain the absence OF the
averment.
1868 The State VS.. Sober. Hamilton c. c.
Motion to dismiss postponed TO fnal hear
ing.
1855 Lllard VS. Mather. Blackford c. c.
Transferred TO Appellate Court.
1926. Union. etc, Association VS. Coulter.
Clinton c. c. Transferred to Appellate
Court.
ls32S Huntington, etc, Co. VS. Schoheld.
Huntington c. c. Transferred TO Appellate
Court.
1885,. Irwin VS.. Guthrie. Martin c. c.
Transferred to Appellate Court.
1874. Hipes Griner. Delaware c. c.
Transferred to Appellate Court.
1880. Hit etc, Co. VS. Zahrt. Laporte {.
c. Transferred TO Appellate Court.
1888. McNally VS.. White. Hamilton c. G.
Transferred TO Appellate Court;
1904. Lake, etc. Co. Us. Walsh. Lake :.
c. Transferred to Appellate Court.
1900. Lavene vs.. Jarnecke. Lake S. C.
Transferred TO Appellate Court.
19411. Wells vs.. Vermont. etc. Insurance
Co. Marion &. G. Transferred TO Appellate
1912 Smith VS. American. etc. Co Hamil-
ton c. c. Transferred to Appellate Court.
1917. Logan vs.. Sills. Marshall &. &.
Transferred to Appellate Court:
1924. Pearson VS. Wood Hendricks c. c.
Transferred to Appellate Court:
1925. Railsback VS. Gordon Marshall &.
G. Transferred to Appellate Court.
194gS. Bonham VS.. Citizens Street-Railway
Co. Marion 5. G. Leave granted TO pro-
cure signature of clerk to certificate.
Minutes
1923. John B. Renard ct al vs.. August
Grande. jr., ct al Marion &. {. Appel
lants' petition for extension of time to tile
brief. Petition granted to July To-
1896. Jesse B. Johnson vs.; John Geb-
to dismiss and notice for June Is.
1880. Joel +. Spriggs ct al ". State
ex rel. Board of Commissioners OF Jas
per county. Jasper c. c. Appellants brief
by S. p. Thompson O9.
New Case
1865. Asher P. Howard ct al. vs. Indian
apolis Street-railway Co. ct al. Hancock
e. c. Record. Separate assignment of err
rors by Asher p. Howard. Separate as
tice to Marion county.
APPELLATE COURT.
1897. SEVERN vs.. Robinson, Trustee. Owen
c. c. Affirmed. Wiley, G. IA creditor OBJ
tanning judgment against an insolvent
debtor within four months prior to his filing
a petition in bankruptcy cannot thus OBJ
tain "A preference over the other creditors
Of the bankrupt.
1890 Tilden VS.. Whitley. etc. Co. Grant
c. c. Affirmed. Henley. J.-Errors which
are causes for new trial must be properly
assigned in motion for "A new trial and
not presented as an independent assign
ment of error.
3344 Muller VS.. State Life Insurance Co.
Iippecanue S. c. Affirmed. Robinson, j.
l: An insurance company organized under
the act or 1897 (Acts 1897, p 3lS) may make
contracts for extending and charging it's
business. ?. And ii may give certain mem
bers benefits additional TO those of an or
rying a certain amount of insurance in the
company, for a certain premium, and his
favorable influence and good will. 3: Section
Is of the act of 1891 acts 1897, p 3lS) does
not deny the right of an individual to en-
force any claim he may have against the
company which is personal to himself.
34i6 Efroymson VS.. Smith. Marion S. c.
Affirmed per curiam.
3712. Casio VS.. Casio. Nigo s. G. Affirmed
per curtain.
S94S. Martin VS.. Berry. Huntington c. c.
Dot To
$780, Smith VS.. McCulloch. Floyd G. G.
Dismissed
1865 Waite VS.. McColloch. Floyd c. c.
1864. Bartlett VS.. McCulloch. Floyd c. c.
Dismissed
1865. Smith VS.. McCulloch. Floyd c. c.
Dismissed.
1856. RushviIe. etc, Tel. Co. VS.. Irwin
Rush c. c. Petition for rehearng over
ruled.
Minutes
37i9 John G. Pulse. guardian. vs.. John T.
OSBORN, guardian. Decatur G. c. Appel
lants petition and brief 50 for rehearing.
3S55. American Tin Plate Co. VI. David
A. Williams. Madison S. c. Appellants
petition for leave to file additional brief.
1921 William T. Butler ct al VS. Roches-
ter Normal University. Fulton c. G. APP
pellant's dismissal.
1923. Frank Smallwood, minor. vs.. Bed
ford Quarries Co. Lawrence c. c. Appel
lant's reply brief 0C fnt,
New Case
1867. Zephanah NJ. Gossett vs.. Richard
F. Kirksham et al Madison c. c. Record.
Assignment of errors In term. Bond.
ORAL ARGUMENT.
Division No. q
3799. Citizens Street-railway Co. VS..
Hammer. Oral argument that was set for
June postponed TO June 81 on court >
own motion. Notices sent to attorneys
SUPERIOR COURT.
Room 1-Oliver II. Carson, Judge Pro TEN.
Barnetta Martin vs.. David Martin; di-
vorce. Decree granted PLAINTIFF, with 800
slimony. Judgment against defendant for
costs.
Room flames NJ. Leathers, Judge.
The Antitrust Baking Powder Company
VS.. r. Chubb Fuller; note On trial by