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

SUPREME COURT
1894. Colliery. etc. Company VS.. Ameri-
can, etc, Company. Clark (. T.. Dismissed.
Monks, c. il. The right OF appeal in this
State is statutory 2. Section ca. Burns.
1894. makes no provision for the appeal OF
cases originating before = justice of the
peace or mayor OF a city, involving the colt
stitutionality Of statute where the amount
in controversy. exclusive OF interest and
cost, does not exceed $50.
1918. Garrigus VS.. Board Of Commission
ers Hamilton c. c. Reversed. Bowling. J.
i Where a board of commissioners en-
ployed experts 10 examine the county rec
ords to ascertain whether not there was
any money due the county. the employment
or the experts having been made by ac-
cepting their proposition TO the board.
whereupon the order of the board recites.
after setting out the proposition that, in the
Judgment Of the board, lit would be TO the
interests OF the county TO accept the same
Cthe written propositiOn) and that an in
dispensable public necessity exists for the
employment of an expert accountant to cx-
anime the books. vouchers ard settlements
in the various Offices of Howard county,
ETC. Held, that the statement OF the ne
cessity for such employment and allowance
thereon was sufficient. .. Where subse
quent act OF the Legislature contains no
provision corresponding TO an earlier one.
nor does II relate TO the same subject mat
ter, there is no repeal OF the prior act 3.
In its administrative character the board
OF commissioners has powers and duties,
both inherent and statutory, with reference
10 the property and revenues OF the county,
certain whether or not any moneys belong
ing to the county are wrongfully withheld
from it. or which have been lost. misap-
piled through mistake. negligence or fraud.
1882. Hldrup VS.. Town OF Windfall. Tip
ton c. c. Transferred TO Appellate Court.
1882. Thrall VS.. Gosnell. Rush {. c. Trans
ferred TO Appellate Court
Minutes
1852. Minnie Leeds VS.. Calvert II. De-
frees. Laporte S. c. Appellees brief 50
1853. Amelia Leeds ct al VS.. Calvert IL.
Defrees. Laporte S. c. Appellee's brief 50
1854. William Blinks ct al. VS.. Calvert III.
Defrees. Laporte S. c. Appellee's brief (S)
1882. Melissa Welch VS.. The Town of
Roanoke. Ind. Huntington c. c. Appel
lees points.
1857. Louisa Spker ct al VS.. James o.
Cole. administrator Miami c. c. Appel
lees application for extension of time TO
file brief
1865. Frank Mikesel, administrator. VS..
The South Bend Electric Company. st. Jo-
seph c, c. Appellants brief 81 Praecipe.
Notice
1872 The St. Joseph Hydraulic Company
vs.. The Globe Tissue Paper Company. Elk
hart c. c. Appelee's brief G) on petition
Oral Arguments
1880. John Banks VS.. State of Indiana.
Tuesday. June Is. 1901. 10 a m.
1852. Melvin L. Demaresi, treasurer VS..
William II. Holderman ct al. Friday, June
1897 John S. Brown ct al. VS.. James B.
Glow ct al Friday, June IS, 1901, 10 a. m.
APPELLATE COURT.
1856. Rumble VS.. Baker. Pike C. G.. At
firmed COmstock, il. BY act of March T.
1899 (Acts 1899. 42D ii is made the duty
OF the school trustee TO employ teachers. 2
Objections to the employment of a certain
school teacher must be made by the patrons
of the school before his employment is
made.
SS44. Shannon Bonham. Clay c. c. Re-
versed. Roby, il. Where a testator de-
vised real estate to certain heirs upon the
following conditions: ITO hold their re-
spective shares of my bequest independ-
emily of all others; he of his wife and she
Of her future husband when she shall mar
ry, and transmit that share respectively to
their children If they shall have such. free
from all membranes and debts The de-
I visees were a brother and niece of the tes-
tator. Held: That upon marriage of the
niece and the birth of children by such
marriage said niece held but life estate
in the land.
1896. Curtis VS.. Burns. Fulton c. c. Re-
versed. Black, G. mot only may the
heirs of a grantor. defrauded in the exc
cution of deed. avail themselves of the
remedy which their ancestor had not as
serted, and lay claim TO the equitable es-
tate, but also the grantors devisee OF the
land so fraudulently obtained may have
the same relief.
1898. Wood VS.. Mcconnell. Hamilton C. c.
Affirmed. Nc opinion per curiam.
| $500. Alden VS.. Blum. Allen S. c.. Affirmed.
No opinion per curtain.
1921. Butler VS.. University. Fulton c. C.
| Dismissed.
-. y
| Petition for rehearing overruled.
1852. Rastetter VS.. Reynolds Whitley c.
| G. Certiorari granted.
| 1885, Indiana r. c. VS.. Feirick. ST. Joseph
| c. c. Motion TO amend assignment of err
rors granted.
1914 G, l. & E; Railway Company VS. Lit
| tie. Delaware c. C. Motion TO modify re-
| draining order overruled.
Minutes
S94. Chicago. Indiana & Eastern Rail-
| way Company VS.. William l.. Little ct al.
| Delaware c. G. Appellees' motion 10 modi-
fy restraining order and affidavit. Over
ruled.
1897 Peoples Building and Loan Asso-
citation VS.. John w. Markley ct al. Wells
c. G. Appellants points.
36OS. The Greenwood Building and Loan
Association VS.. Bertha Todd Stanton John
son c. c. Appellee's brief 50
3642 Lemuel s. Todd ct al VS.. William
| r. Oglebay ct al. Upton c. G. Appellees'
1926. Georgiana Bowen. Administrative.
| etc. VS.. Robert l.. OHair. guardian, etc.
Hendricks c. c. Appellees petition for ex-
1862 The Wabash Railroad Company vs.
Henry Biddle. Adams c. c. Appellee
brief 60 on petition.
New Cases
1865 George W. Hedrick VS.. Lulie W.
Robbins. Marion S. c. Record. Assign
| ment of errors. In term Bond
| 1863 Mark buffet VS. State of Indiana.
Sullivan c. C. Record. Assignment of err
| brief (S.) Submitted under Rule IS.
SUPERIOR COURT.
Room Flames NJ. feathers, Judge.
Henry G. Durborrow VS.. Thomas f..
| Cooney ct al; on contract. On trial by
court.
Room 3-vinson Carter, Judge
Arley r. Shirley VS.. stephen Shockency
| ct al: foreclosure. Finding and judgment
| against defendant stephen Shockency for
| $14394 and costs. Decree of foreclosure.
| Leander Allard VS.. Rachel r. o Bannion
| ct al; foreclosure. Finding and Judgment
against defendant Rachel 4. O'Bannion for
| 81, 229 SO and costs.
Minnie Allen VS.. The Pennsylvania Com
| pany; damages Judgment on verdict
| against defendant for ST. $50 and costs.
Eliza Amick VS.. City of indianapolis ct
! al. damages. On trial by jury.
CIRCUIT COURT.
| Henry Clay Allen, Judge.
! Eliza Moesch VS.. George w. Shelby ct al. !:
1 to quiet title. etc. Dismissed by plaintiff
Judgment against plaintiff for costs.
| Fannie G.. Jose VS. Charles II. Jose: d.
| Daisy T.. McCauley, Guardian, VS.. Seth
NJ Richcreek ct al: partition. Receiver
| files final report. Approved. Receiver dis
| charged. BY agreement of parties cause
settled and dismissed Costs paid
Lurton ID. Foist Albert j. killinger ct
| al; habeas corpus. Plaintiff dismisses
cause Judgment against plaintiff for costs.
City of indianapolis VS.. Clara Davis: from
| City Court. Dismissed by plaintiff Judg-
ment against plaintiff for costs.
CRIMINAL COURT.
Fremont Afford Judge.
! Philip Miceli assault and battery. Appeal