The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-02

such charge and found guilty OF mere as
sault and battery. without intent TO commit
manslaughter. ? When facts are estab-
lished without conflicting or opposing tes-
timony. an instruction assuming the ex-
istence or truth thereof will not work a
reversal Of the cause, because the error.
If any, is ale 3. When a person
is charged with assault and battery with
intent, he is not entitled TO have the law
there is no evidence that the defendant
was in any danger of being injured by the
proseGGting witness Rs : In G i1daas &c cases f6s
facts proven and OF all differences TO be
drawn therefrom.
1882. Herring VS.. Mosier. Pulaski c. c.
Dismissed and leave granted to withdraw
1873. Holloran VS.. Norman. Upton c. C.
Application TO transfer the cause 10 A
ls5os. b. & c. Street Ry. Co. VS.. Jones.
Jennings c. c. Petition 10 make marginal
nG 1sSss etfi; PSst TS vsl @ Gossi ret Morg "a re c. g.
Advanced.
1896. Kaufman VS.. Preston. Noble C. c.
1917. sr Pc F 81 W. & c. Ry. Co. VS.. Gill
lespie. Kosciusko C. c.. Same.
1926. Hays VS.. Pugh. Hancock c. c.
1889. Citizens Street Ry. Co. VS.. Shep-
1884. Pugh VS.. Miller. Monroe c. c.
Same.
1855. Goss VS.. Board of Commissioners.
Wabash c.. c.. Same.
1854. Thacker VS.. c., I. & l.. Ry. Co..
1856. Adams VS.. Alexander. Marion c.
c. Same.
1926. Reinard VS.. Grande. Marion c. C.
Same.
1865. Booker VS.. KILN. Daviess C. c..
1867 Citizens Street Ry. Co. VS.. Jolly.
1855. Miller VS.. Bowers. Adams c. c.
Same.
Minutes
1868. b. & O.. S. w. Ry. Co. VS.. Thomas
r. Jones. Jennings c. c. APPELLANTS petit
ton for leave TO make marginal notes. etc.
Appellants reply brief. Petition postponed
until return of record.
1896. State of Indiana ex rel. William
Geake ct al. VS.. Joseph V. Fox, controller.
etc. Allen c. c. Leave granted to print
1868. William Schrader. supervisor. etc.
VS.. state Elk rel. William F. Mason. War
rick c. c. Appellees petition for leave to
hle briefs postponed until final hearing.
1860. State ex rel. William V. Payne VS..
samuel NJ. Kerr. auditor. ct el. Monroe c.
c. Petition for leave to file briefs post
poned until final hearing.
1921. James r. Carnahan ct al. VS.. Bart
lett II. Campbell, receiver, etc. Madison
S. c. Appellee's petition for leave TO file
briefs, etc granted,
Children's Guardians Of Marion county.
Marion c. c. Appellee's petition for leave
to file briefs postponed until final hearing.
1861. Town OF Rosedale VS.. James NJ.
Hammer. Parke c. c. Appellee granted
leave to file brief. Appellee's brief 50
1868. Mary NJ. Tilden VS.. the Louisville
C. C. Appellants petition for certiorari
and notice. Appellants brief 0D on certio-
rari.
1882. Chicago & Southeastern Ry. Co.
VS.. Charles Kenney ct al. Clay c. G. APP
pellant granted leave to file reply brief.
New Case
1925. Johanns Eissler VS.. John Hoppel
ct al. Vanderburg- S. G: Transferred from
Appellate Court, No. 3iS2.
APPELLATE COURT.
1896. Layman VS.. Buck. Greene c. c.
Affirmed. per curiam. Where neither the
pleadings nor the evidence is in the rec
ord, and counsel differ as to the theory OF
the complaint and the action this court
will not disturb the judgment of the trial
court.
3971. No. 2. etc. Union VS.. No. 4, etc.
Union. Marion S. C.. Affirmed. Roby, j.
Where one building association purchased
stock in another and hello the same for
a number of years, until the association of
which ii purchased stock went into liquida-
ton, the first association will not. on the
winding up, be heard to claim it's purchas-
ing OF stock was a mere loan 10 the sec
ond association.
3S4S. Sutherlin VS.. Sutherlin. Marshall
c.. G.. Affirmed. Henley. il. Where
after marriage one Of the parties is con-
victed of manslaughter and sentenced TO
the state prison 1t Is SUFFICIENT cause Tor d.
vOrce by the other party.
1906. Smith VS.. Eels. Warrick c. c. At
frmed, Wiley, p. 1.-The administrator
may borrow money with which to pay
debts of his decedent. and secure the pay
ment of the money borrowed by mortgage
on the decedents real estate, and the mort
gage is not void by reason of IL providing
that the debt secured shall be payable
without relief from valuation or appraise-
ment laws.
$3.50. Kissell VS.. Lewis. Hamilton c. G.
Reversed. Robinson, il. Where a per-
petual injunction is granted the cause is
finally disposed Of within the meaning OF
tha fofIfn nn1 a al 10 -
contempt on account of the violation of
the injunction is the beginning of a new
action separate and distinct from the other.
2 Where such first proceeding was held
before a special Judge he has not by rea-
son thereof jurisdiction of the contempt
proceedings.
Affirmed. Black. c. J.-Whether or not
a wall in a building is a party wall is 70
be determined from the acts and conduct
of the parties. when it is not specially pro-
vided or agreed between them.
3TS. c., L. q E. Ry. Co. VS.. Curless.
Grant c. c. Petition for rehearing over
ruled.
375t C I & E Ry. Co: vs.; winsIow.
ruled
S4s2. Eissler VS.. Hoppel. vanderburg S
c: Transferred to Supreme Court.
Bochart. Clark c. c. Dismissed.
Petition for rehearing overruled.
1864. Union. etc, Association VS.. Aichele,
Nanderburg >. {. Same.
1850. Drumming VS.. Golden. Jefferson c.
c. Certiorari granted and issued.
1863. WEIGH VS.. Collier. Marion c. G.
Advanced.
3671. Hymera, etc, Company VS.. link.
Sullivan c. c. Petition to correct tran
script granted.
1913. Smelser VS.. Pugh. Marion s. c.
Certiorari granted and issued.
4o92. Actz VS.. Yeager. vigo c. C. Publ
cation ordered aid issued.
Minutes
1905. Indiana Ry. Co. VS.. John f. Wads-
worth ct al. Elkhart G. G. Motion fol-
leave to make marginal notes and number
lines of transcript.
4O74. Charles Kellison VS.. Flora A. Kelli-
son. Marshall &C. Appellants brief 81
1916. Jesse Mankin VS.. Pennsylvania Com
pany. Porter S. c. Appellee's petition for
oral argument.
800. William II. Craig VS.. Sarah H.. Ben
nett. Marshall c. c. Appellee's brief or
petition, etc.
1859. Samuel r. Alden VS.. John w. White
! administrator, ct al. Allen c.. c. Appel
Iant's brief 80
3Sl5. Equitable Trust Company of New
London VS.. Harry j. Milligan. Marion 5
G. Appellants petition for additional time
granted Cten days)
4O6s. Alfred Guthrie VS.. AIDA T.. Rowland
ct al. Martin c.. c. Oral argument post
poned indefinitely.
3s1S' Midland Ry. Co. VS.. Francis NJ. Iris
sal ct al. Madison G. G. Appellants mo-
ton for leave to complete transcript. Ap-
nellant's petition to file substitute brief
Appellants brief 90 on motion to dismiss.
New Cases