The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-26

to file brief for appellee in ten days. Peti-
ton granted.
executor, etc, ct al. Lake C c. Appel
lants brief (S) Appellants reply brief (S)
1861. Samuel Hinkle VS.. State OF Indiana.
Marion c. C. Brief for state (s)
1920 William Adams VS.. State of Indi-
ana. Sullivan c. G.. Appellee's brief on pc
tition for rehearing @)
1875 The Wabash Railroad Company VS..
Sebastian Miller. Adams c. c. Appellee's
application for oral argument
1858 Mary NJ Tilden VS.. The Louisville
& Jacksonville Ferry Company. Clark {.
1928. Mary f. Harlow VS.. First National
Bank of Seymour ct al. Jackson {. {. APP
pellees' motion 10 dismiss and brief on mo-
ton. Notice to Jackson county.
New Cases.
1868. Perry L. Turner VS.. Board Of Com
misisoners OF Elkhart county. Elkhart g
c. Record. Assignment of errors. Appel
lants brief (S)
Seals ct al. Martin c. C. Record. Assign
ment of errors. Notice.
APPELLATE COURT.
$685. Mercer etc, Company VS.. smith.
Randolph c. c. Reversed. Black, c. j.
The failure of an agent OF a foreign cor
poration to deposit the necessary authority
of the board OF directors with the county
clerk as provided by Section 1853 ct seq.
Burns 1894, TO be taken advantage or In
suit by the corporation the defendant must
show such facts by plea in abatement
1929. Town of Rochester VS. Walters.
Fulton c. C. Affirmed. Robinson, IA
city cannot enjoin the erection of a GER
tain structure simply because IL Is in vio-
lation of an ordinance when the threat
ened structure is not nuisance per sc.
3207 Cain VS.. Robertson. Jefferson c. c.
Reversed. Roby, il Where the testator
says II give and devise to my beloved wife
all of said lands during her natural
life" life estate is created by express
terms Q Where a clause in a will gave 10
a son and daughter all the property that
NAV be left unconsumed by the testators
widow and says IF either my son or daugh-
ter aforesaid should not survive me or my
said wife and should die without issue then
| devise and bequeath the property afore-
said TO the survivors OF them the failure
of issue referred to in the will must have
occurred during the life of either the testa-
tor or his wife.
1884. Pollard VS.. First. etc. Company.
Vanderburg S. c. Reversed. Wiley, p. j.
A trial court cannot amend its special find
ing of facts after the rendition OF judg-
1862 Goodwine VS.. Flint. Tippecanoe c.
c. Reversed. Henley 1.-THE published
as provided by Section 1899, Burns 1894.
should be such as will be reasonably GER
tain to inform the citizens of the township
of the intention of the applicant to apply
for license to sell intoxicating liquors in
their midst notice in an obscure paper
for the purpose of defeating opposition TO
the granting of license is ineffective and
voidable.
1864 Union. etc. Association W. Aichele.
Vanderburg s. G. Reversed. Comstock. j.
Where a certificate of building and loan
stock provides that in no case shall the
shareholder be required to make more than
seventy monthly payments on his said
shares" such provision is merely n limita-
ton of the liability of the shareholder to
make monthly payments and is not a
guaranty of maturity of the stock. And
If at the expiration of the seventy months
the stock is not mature no further monthly
payments can be required. but the stock is
not matured until the added earnings Of the
Ss2S. c., c., c. & St L. Railway Com
pany VS.. Worland. Decatur c. c. Dis
missed
1851 Smith Company VS.. Williams. Law
renee C. c. Motion 10 strike out notice and
return postponement till final hearing.
Minutes
37l4 Alpheus w. Moon ct al VS.. Pitts
burg Plate Glass Company. Howard s. C
Appellants petition and brief for rehear-
ing.
Mary T.. Essington. Upton C. c. APP
pellant's petition Co and brief C) for re-
$3.50. William H. Bruning. etc. VS.. John
NJ. Golden, special administrator, etc.
jefferson c. c. Appellants motion. notice
and brief C9 for certiorari
Chicago & st. Louis Railroad Company.
Allen 5. c. Appellees reply brief (S) on
petition for rehearing.
j. Williams ct al. Lawrence c. G. Motion
to strike out notice, etc. postponed until
final hearing.
1905; Frank L. Monteith VS.. Kokomo
Wood Enameling Company. Howard S. c.
Appellants reply brief 80
New Cases
40l2 The Logansport and Wabash Valley
Gas Company VS. George OFT Howard c.
c. Record. Assignment of errors. In
term. Bond.
40l3 Gottlieb Holler VS.. William Z. Glib
son ct al Allen c. c. Record. Assign
ment of errors. Notice. Application for
supersedeas Supersedeas brief a. Super
sedeas.
SUPERIOR COURT.
Room John l.. McMaster, Judge
Minnie Mcdaniel VS. Thomas Mcdaniel:
divorce. Finding for defendant. Judgment
against plaintiff for costs
Richard Spaulding VS.. Emma Spaulding;
divorce. Taken under advisement
The Indiana Saving and Investment Com
pany VS.. Charles n. Spencer ct al; fore
closure. Finding and judgment against de-
PENDANTS Charles y. and Elizabeth Spencer
for s2,30l.o2 and costs. Decree of fore
closure.
The ]. T. Darmody Company VS.. The Co
In. I, fof. Ieo