The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-18
THE COURT RECORD.
COURT.

manner, and although said bill embodied
in the transcript and properly authent-
Gated contains the evidence the latter is
not a part of the record and cannot be
considered. 2. Without the seal of the trial
court affixed 10 the certificates of the clerk
OF the trial court. attached TO the original
bill of exceptions, said certificates are of
no effect whatever. 3. The general ecrtih-
cate of the clerk should not precede or form
a part OF the bill of exceptions containing
the evidence, but should be at the conclu-
sion OF the transcript and authenticate the
bill OF exceptions containing the evidence,
as well as all other papers and entries en-
braced in the transcript. 4. When the evil
oence is not in the record Instructions will
rot be held erroneous If they would be cor
rect under any evidence that might have
been given under the issues. 5. No party
can take advantage OF an error committed
by a court except the one against whom it
issory notes, where the administrator of u
6~ecedent's estate is made a party de-
PENDANT as required by Section 2T7, Burns,
plication.
1869. Herring VS.. Mosier. Pulaski C. c.
Petition TO withdraw record granted.
Minutes
1926. Edward Leach VS.. State of In
diana. Appellants brief S-)
1861. Katharine Hesch VS.. Jennette Bo-
lin ct al. Appellants brief (S)
1949S- Leon Bonham, by his next friend.
VS.. the Citizens Street-railroad Company.
Appellants motion to correct certificate.
Notice and brief.
1860. Cornelius H. Herring ct al. VS..
Fred G. Mosier ct al, petitioners. APP
pellants' petition for leave to withdraw
transcript. Granted.
1882. Indiana Power Company VS.. st.
Joseph and Elkhart Power Company. APP
pellant's petition to set time for oral argu-
ment.
1881. Phelan Wolf VS.. Tamma Shelton.
Appellants brief g.
APPELLATE COURT.
1922. Brands VS.. Grisson. Vanderburg
q Affirmed in mart and reversed III
part. Comstock, il. n refusal TO grant
a trial by jury is a cause for a new trial
and canot be made the subject OF AN IN
ton to enjoin defendants from leaving
gates open across a right OF way upon real
estate is properly triable by the court.
3. Defects in a complaint which could not
have effected the substantial rights of the
defendants should not avail them upon
appeal. 4. Where facts are averred from
which an omitted fact may be supplied
by reasonable intendment the complaint
will not be held bad after verdict upon an
original attack upon appeal, but where the
sufficiency of a complaint is challenged
because of the omission of an essential
fact it must be held bad.
1883. Scott VS.. Edgar. Rush c. c. AT
frmed. Wiley, J.-Where a note negotiable
under the law merchant, is given by d
third party and accepted by the seller OF
real estate as paymen therefor the lat
ter valves his lien as a vendor, unless
| there is an agreement between all the
parties to the contrary.
3692. l.. T.. & w. Railroad Company VS..
Essington. Upton c.. c.. Affirmed. Rob-
inson, il. Where a Judgment conforms
TO the conclusions of law and there is no
assignment of error as to the conclusions
Of law no question can be presented on
appeal as TO a motion for judgment.
2. Where there is an unlawful invasion of a
party's right, irreparable and continuing
III it's nature, the court may issue a man.
datorv Injunction. 3 The issuing of a
mandatory injunction is largely within the
discretion of the court.
1891. Everett VS.. Fouts. Tippecanoe G. c.
Dismissed. Henley, c. lin a vacation
appeal all coparties to the judgment from
which the appeal is taken must be made
coappellants.
1893. Apple VS.. Smith. Marion S. c.. Re-
versed. Roby, J.-Amendment to special
findings NAL be made at any time before
final judgment and during the period within
which a motion for a new trial may be
rightfully filed, but not after that time has
elapsed.
S744. Kinsey VS.. Boyce. Marion c. C. At
frmed. NO opinion per curtain.
Minutes
36OS. The Greenwood Building and Loan
Associa ton VS.. Bertha Todd Stanton. Pc
tition for extension of time to file brief of
appellee granted TO June Z. 1901.
1914. Solomon Carter VS.. Is. F. Butler ct
al. Appellees' petition for additional time
granted.
New Appellate Court Suit
1886. W. Grant Riley VS.. Warner A. Ha-
worth ct al. Clinton c. G. Record. As
SlSHLlcLl VI tIlOlS. 4NOllCt 10 DOOit COuHly.
SUPERIOR COURT.
Room John l.. McMaster, Judge.
Queen Insurance Company of America VS..
Robert l.. King. Jury return verdict for
defendant.
Greenwich Insurance Company of New
York vs.. Same. Jury returns verdict for
Miller VS.. State Life Insurance Company.
Tried by court and taken under advise
ment.
Room Flames NJ. feathers. Judge.
Thomas Place VS.. George Wilgemier; ac-
count. On trial by jury.
Room 3-Vinson Carter, Judge.
James Reed VS.. c.. c., C. & st. L. Rail-
way Company; damages. Jury instructed
and retire.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Samuel Washington VS.. George Ward;
mechanics lien. Finding for defendant.
Judgment against plaintiff for costs.
Mamie Hampton VS.. Hattie Baldwin ct
al; partition. Submitted to court. Finding
for plaintiff. Partition ordered. Finding
that property is indivisible. John H. Bap-
fist appointed commissioner to sell.
Florence A. Dornblaser VS.. Laura +.
Agan's Estate; claim. Claimant fails to
appear. On defendants motion, submitted
to court. Finding for claimant. Allowed
for $50 and costs.
James E. Reed VS.. jeremiah NJ. Landers;
account. Submitted to court. Evidence
heard.
CRIMINAL COURT.
Fremont Afford. Judge.
Roy Craft and Henry Rauschaup; dis
turbing religious meeting, Finding guilty.
Fine each s..
Henry Rauschaup; profanity. Finding
guilty. Fine 81.
James Mclaughlin; assault and battery
to kill. Entered plea of guilty. Fine 81 and
imprisonment In Indiana R~eformatory two
to fourteen years
Julia NJ. Hopson; incorrigible. Finding
guilty. Committed to Reform School for
Girls.
NEW SUITS FILED.
Maggie McIntire VS.. William McIntire,
divorce. Superior Court, Room l.
Elvira Lowe. Administrative of the estate
of Lawrence Lowe. VS.. Elliott Z. Lowe: on
notes. Superior Court. Room l.
Armilda Tyner VS.. Franklin b. Tyner ct
al; support. Superior Court. Room /.
Margaret Ulrich VS.. Frederick Il. Ulrich;
divorce. Superior Court, Room 3.
Nicola White VS.. Conrad Scheuer: pro-
ceedings supplementary to execution. Su-
periOr Court, Room 3.
Harvey T. Neal VS.. Charles S. Clancy; on
notes. Superior Court. Room 2