The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-26
THE COURT RECORD.
SUPREME COrRT.

SUPREME COURT.
1926. Western Union Telegraph Company
VS.. Carter. Monroe G. G.. Reversed. Monks,
"A telegraph company receiving a mes
sage In this State, for transmission over its
lines TO a place In another State, is not
liable for the penalty prescribed by the act
OF 1885 (acts 1885, p. 15D for a failure to
deliver such message to the person TO whom
II was sent.
1903. State ex rel. Orphans Home VS..
Schneider. Allen S. c. Affirmed. Baker,
IL. The conduct of the educational affairs
Of a township is an administrative func-
ton. ?. Mandamus will not lie against "A
township trustee TO compel him to show
cause why the children of a certain patron
OF his schools should not be allowed to at
tend a certain school; the patrons remedy
being an appeal from the trustees decision
To the county superintendent, and thence
TO the state superintendent
1882. Indiana Power Company VS.. st.
Joseph. etc. Company. st. Joseph c. c.
Advanced.
1889. Goodwine VS.. Flint. Tippecanoe c. c.
transferred to A. G.
Minutes
1887. Louisa Spiker ct al. VS.. James o.
Cole. administrator Appellants brief Q0.)
1888. Curtis Mccoy VS.. James I. Mccoy
ct al. Appellee's brief 81
1878. William H.. c. Green VS.. Mary F.
Moore ct al. Appellants dismissal.
APPELLATE COURT.
3IN. Gunther VS.. Altman. Huntington
G. {. Affirmed. Robinson, IA school
teacher may advise or persuade pupils not
TO visit or purchase articles at a certain
store. , An act which is lawful in Itself
and which violates no right cannot be made
actionable because of the motive which
induced 1T. 3 A malicious motive will not
make that wrong which in its own, essence
Is lawful. 4. There is no right of action
by a storekeeper against a school board or
teacher for persuading the pupils under
his charge not to enter into any contract of
purchase or make any purchases of mer-
chandise from such storekeeper.
o45S. Citizens Street-railway Cimpany vs..
Huffer. Marion S c. Affirmed. Wiley. j.
/. In an action for damages on account Of
a passenger on a street car having been
thrown by a sudden jerk of the car while
attempting TO alight therefrom, il is suf-
ncient for a recovery if Ii be shown that
the car started in either direction when
such starting is shown 10 be the proximate
cause of the injury. 2. A judgment will not
be reversed on account of insufficient evil
cence when there is some evidence to sup
PORT the verdict. 3. 1t is doubtful If a dec
Dnation of counsel for one party to con-
tlnue the argument in a civil cause could
deprive opposing counsel of their right, but
II II could such right will be waived by
subsequently arguing the case. 4. The trial
court has discretionary power in regulating
the argument in the trial of civil causes.
and when such discretion is exercised the
courts action will not be reviewed on APP
peal unless there is a clear abuse of such
sidered as a whole.
3742. Linz VS.. Deering. Daviess C. c.
Affirmed. No opinion. Per curiam.
oT5. Stout VS.. Gaar, Scott Company.
Hendricks c. G. Reversed. Roby, j.
l. Where neither the facts found and the
conclusions of law thereon are signed they
must be considered as a general finding.
Z A finding, whether special or general.
must determine the amount due. or find
such facts as leave nothing for the court
TO do except TO make a mere mathematical
evidence to ascertain the amount of recov-
cry, and no attorney fee can be assessed
Unless there is a finding upon which the
same can be predicated.
1872. Peoples, ETC., Bank VS.. Jones. Wash
ington C. c.. Petition for rehearing over
ruled.
361l. Reynolds VS.. Pierson. Marion S. &.
Certiorari granted.
Minutes
35O7. Rachel Mason ct al. VS.. Jennie
Mason. Appellants reply brief 90
344s. Oliver III. Bogue ct al. VS.. John w.
Murphy ct al. Appellees' petition to set
date for oral argument
1922. Solomon Dorsey ct al. VS.. Mary X.
Dorsey. Appellants reply brief (s.)
S6l5. Philip Jaeger & Co. VS.. William II.
LANG ct al. Appellees' motion to dismiss
and acknowledgment of service. Appellees'
brief @.i
SUPERIOR COURT.
Room John L. McMaster. Judge.
Johnson Allen VS.. New American Oil and
Mining Company; damages. Evidence heard
and taken under a~dvisement.
James Shockney vs.. Archibald Arbaugh;
on contract. On trial by court.
Room flames NJ. Leathers, Judge.
W. +. Mcclure VS.. indianapolis Union
Railway Company; damages. Jury returns
verdict In favor of plaintiff for $500.
Fred Kahle VS.. indianapolis Street-rail-
way Company; damages. Jury returns ver-
dict for plaintiff for s115.
Roy Rurris VS.. Indianapolis Street-rail-
way Company; damages. On trial by jury.
Room S-Vinson Carter. Judge.
William Treitschke VS.. James L. Barnett;
damages. On trial by jury.
Theresa Benson VS.. Sadie OBrien; appeal.
Dismissed and costs paid.
CIRCUIT COURT.
Henry Clay Allen, Judge.
State ex rel. Joseph Haas VS.. BENJAMIN
j. White, j. p; mandamus. Submitted to
court. Finding for defendant. Judgment
against relator Cor costs.
Augustin w. Hamilton vs.. Henry Pierson
ct al: mechanics lien. Dismissed by plant
if. Costs paid.
Annie Siokels VS.. Ernest Deeter's Estate;
claim. pocketed by agreement. Submitted
TO court. Finding tor claimant Allowed
$500 at costs of estate.
City OF indianapolis VS.. John T. Brush;
from City Cour Defendant dismisses APP
peal. Costs OF appeal paid.
CRIMINAL COURT.
remon Afford, Judge.
James Barnett: murder. Motion for new
trial overruled. defendant given sixty dlvs
To file bill Of exceptions. Sentence on YER
dict of jury 10 inprisonment in Indiana
State Prison not less than two years nor
more than twenty-one years.
John Lewis; perjury. Defendant with
draws plea OF not guilty and moves 20
quash. Motion taken under a~dvisement.
NEW SUITS FILED.
Daisy Trout Smith VS.. j. Charlton Smith.
divorce. Superior Court, Room 2.
Indiana Insurance Company VS.. Wilmer
Christian ct al; on note. Superior Court,
Room ?.
In lie, change of name OF the McGilliard
Agency Company. Circuit Court.
James w. Muir. executor of the estate
Of Henry w. Muir, VS.. indianapolis Millin-