The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-27

10 recover the penalty and attorneys fees
therein provided for ne must bring his
cause clearly within the statute by aver
ment and proof. , The assignee or LABOR
claims cannot recover from the debtor the
penalty provided for ~ Sec 1857 Burns, EOl-
3. Sections 1o55 and r57 Burns, Isol, do not
apply to a case where there is a written
contract for the payment of the wages or
such employees contrary to the provisions OF
said See. 1o56. T. This court viii not pass
uDon the constitutional validity of a statute
If the case in which the question is raised
can be decided without passing upon that
question.
1892. Sudbery vs.. Board Of Commission
ers. Monroe c. .. Affirmed. Hadley, j.
Where the treasurer of Monroe county was
elected at the November election. 1892, and
continued 10 September, 1895: Held. that
such treasurer was only entitled, TO the
compensation under the fee and salary act
of 1891 as amended IN February, 1898, and
when the compensation was allowed by the
Board of Commissioners under the act of
cess Of the salary 10 which he was legally
entitled may be recovered by the county.
1907. Huntington V. Syfers. Hendricks
G. c. Affirmed. Jordan, g. il. Where
an objection TO evidence is made and the
same is sustained and an exception taken
thereafter, an offer TO prove comes too late
10 present any question upon the admlssl-
bility Of the proposed evidence. :. An
affidavit in support of a motion Tor a con-
tinuance on account OF an absent witness
should make it appear that there is a prob
ability of obtaining the testimony OF the
witness within a reasonable time. j..
Where the evidence wholly fails to estab-
fish any cause of action i'm favor of plaintiff
the court may properly direct a verdict for
defendant.
1875. Wabash Railroad Company vs.. Mil
Ter. Adams c. c.. Reversed. Hadley, j.
Where a witness testified at a former trial
of a cause and the official court reporter
took down his testimony in shorthand, In
a subsequent trial of the cause the re-
porter cannot read to the jury the former
testimony of such witness, when he re-
mains competent and qualified, q resident
Of an adjoining county, but temporarily
absent from the State, When no diligence
has been shown to procure his deposition
or secure his personal attendance upon the
court.
1897. City of indianapolis VS.. TanseI.
Boone c. c. Affirmed. Baker. il.
Where a complaint charges a city with
actual and constructive notice of a de-
fective culvert which caused personal in
juries to plaintiff a general verdict for
plaintiff finds all the material allegations in
the complaint TO be true, the finding of
construction notice by the general verdict
will not be affected by the special finding
that actual notice of the condition of the
culvert had not been proven. ?. Without
being filed a bill of exceptions cannot be-
come a part Of the record.
1893. Terre Haute & Louisville Railway
Company vs.. Erdel. Clinton c. c. Petit
ton to dismiss postponed until final hear
ing.
fer denied.
1862. Goodwine VS.. Flint. Tippecanoe c.
c. Transfer denied.
Company VS.. Richards. Warren Z. Z.
Transfer denied.
1929. Brown vs.. Graham. Johnson c. g.
1891. Smith VS.. Fairfield. Allen C. c..
Petition to reinstate overruled.
Minute
1903. Gas Light & Coke Co. VS.. City Of
New Albany. Floyd c. c. Appellee's brief
81
New Cases.
1874. Baltimore & Ohio and Chicago r.
r. Co.. VS.. Town of Whiting ct al. Lake
c. c. Record. Assignment of errors. In
term, Bond. Praecipe. Notice.
1918. Baltimore & Ohio and Chicago r.
r. Co. VS.. The City of Hammond ct al.
Lake c. c. Record. Assignment of errors.
in term. Bond. Praecipe. Notice.
vile & Terre Haute r. r. Co. ct al. Knox
c. c. Record. Assignment of errors. Al
idavit of nonresident. Notices to Gibson,
Wabash and Knox counties.
APPELLATE COURT.
Minutes
4OSS. The c., c.. C. & st. L. Ry. Co. VS..
John T.. Stewart Clay c. c. Appellants
reply brief 81
. Az. Cornelia Boseker, executrix. ct al.
VS.. Noman II. Chamberlain. Allen S. c.
Appellee's brief 81
4O39. Oil School Township, Perry Co, VS..
Charles Marting. Perry c. .. Appellee's
remittilier.
$3.50. Samuel A. Hogue ct al. VS.. The State
ex rel. The Board of School Commissioners
of the city of Indianapolis. Hendricks c.
G. Appellee's motion to file certificate with
exhibits of memorandum. Appellants brief.
41O5. The Greenfield Lumber & Ice CO.
VS.. Clint Parker ct al. Hancock c. c. APP
pellees' brief 49,
1859. The Board of Commissioners of
Miami County ct al. VS.. William +. Now
bray. Miami c. c. Appellee's motion to
dismiss as to Miami County Council over
ruled. Miami County Council for leave to
join in appeal granted.
Ills. The Insurance Company of n. A.
of Philadelphia, Pa, VS.. Arthur F. Hege-
valid. Floyd c. C. Appellee's brief 81
Carmichael. Lawrence c. c. Return to
certiOrari.
New Case
4261; Franklin Insurance Company VS..
Charles Wolff. Laporte c. G. Record.
Assignment of errors. In term. Bond.
SUPERIOR COURT.
Room /, John L. McMaster, Judge.
Carlin VS.. The Central Steel Company:
injunction. On trial by court.
Walter j. Hubbard VS.. Henry Barrow ct
al; on note. Dismissed. Costs paid.
Room ,, Frank Z. Gavin, Special Judge.
Willard Murphy vs.. William R. and c.. Z.
RUBBISH; damage. On trial by jury.
Room 8. Vinson Carter, Judge.
John w. Robbins ct al. VS.. Frank NJ.
Page; specific performance and damages.
Dismissed and costs paid.
Alice Short VS.. William Foor ct al: an
peal. jury returned verdict for defend
ant.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Mary T.. Brooks VS.. Helen J. Tate's Es-
tate; claim. Dismissed without prejudice.
Judgment against claimant for costs.
Stella Caldwell VS.. Oscar Caldwell: di-
vorce. Dismissed by plaintiff. Judgment
against plaintiff for costs.
NEW SUITS FILED.
George II. Ennis VS.. Henry FL. Lee; on ac-
count. Superior Court, Room 3.
Robert =. Davidson VS.. Thomas Lindsay:
on note. Superior Court, Room 3.
Henry SEVERN ct al. VS.. Patrick j. RYAN.
on note. Superior Court, Room l..
Taylor Garrett ct al. VS.. Samaria w.
Hammons ct al; on account. Superior
Court, Room ].
The Railroadmen's Building and Savings
mortgage foreclosure. Superior Court,
Room ..
Maude Lippy VS.. Edward Lippy; divorce.
Circuit Court.
George w. Grigsby vs.. c., II. X d. Rail-
way Co; damages. Demand, $25, 600. Su-
perior Court. Room ,.
BENJAMIN Norris vs.. c, j. & L. Railway
Co; damages. Demand 5000. Superior
Court, Room >.
Catherine Alright VS.. indianapolis Street
railway Co; damages. Demand 5000. Cir
cult Court.