The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-03
THE COURT RECORD.
SUPREME COURT.

19liS. p. c., G.. & St. l.. Railway Com
pany VS.. Martin. Marion s. G.. Affirmed.
Baker, il. Only those matters that are
already properly in the transcript as a part
of the record may be brought into the
transcript of a bill of exceptions by refer
ence. ,. An engineer running a switch en-
CINE over "A simpiicated system of tracks
used by different companies has the right
to go about his business Obeying the ordi-
nanceS and rules established for the safety
of all, on the ASSUMPTION that others Will
do likewise; and IL is only when, on the
particular occasion, he learns. or by the
exercise of reasonable diligence under the
circumstances might have learned. of the
negligent conduct OF others. then threaten
ing, that he is required to exercise reason
able care to avoid injury. ;. To raise any
question upon the action of the trial court
in sustaining objections 10 questions asked
on offer TO prove must be made at the
proper time.
1896. Johnson VS.. Gehbauer. Hamilton
Z. {; Order Of transfer set aside and case
1889. b. & o. S. w. Railway Company
VS. Jones. Jennings G. &. Leave granted
to make marginal notes.
1861. Schrader VS.. Mason. Warrick C.
9 Motion To dismiss postponed till final
hearing.
Minutes
1924. Knickerbocker Ice Company VS..
William II. Lewis. Laporte c. c. Praecipe.
Notice.
1865. Joseph D. Keith vs.. State of In
diana. Gibson c. G Attorney General
- IN 49, W. OA0NAE( ~
pellee'S brief S)
APPELLATE COURT.
1855. TIL VS.. Collier. De Kalb c. c. At
irmed. Henley, il A married woman
Is bound by an estoppel to pass the same
as II she were unmarried. .. Where money
is borrowed by the wife, or by the husband
and wife, or by either OF them. for the pur-
pose of oischarging liens on the wife's sep
arate property. a mortgage executed TO Sc
cure the repayment of the money so bor-
rowed is a valid ~incumbrance upon the
property.
347S. Northwestern, etc. Society VS.. Dud-
ley. Sullivan c. c. Reversed. Comstock.
il. While drunkenness is no excuse for
crime, the law recognizes. both in civil and
criminal proceedings. that one may become
so intoxicated as TO be incapable of having
an intention. ?. Where payment is an ad-
mltted fact it is not essentially necessary
for the court to make such finding. 3. A
nndlng must be supported by the evidence.
t. Evidence to support a finding that a
person did an act u~nintentiOnal must be
suflcleHt to overcome the presumption that
mems acts are Intentional.
S65S. Halstead VS.. Gray. Marion S. c.
Dismissed.
1855. Harlow VS.. First National Bank.
jackson &. {. Motion to dismiss overruled.
$500. Skunk VS.. ~FalcOnburg. Marshall G.
c. Dismissed.
1908. Indiana Railway Company VS..
WadswOrth. Elkhart c.. c.. Leave granted
to make marginal notes, etc.
zoos. MOnteith VS.. Enameling. Howard
;. {. Petition TO advance denied.
Minutes
349l. Van Camp Hardware Company VS..
Pansy 5. OBFien. by next friend. etc. Ma
rion 5. {. Appellee's brief 81
$3.50. Famous Manufacturing Company VS..
Henry Harmon. Porter G. G. Appellants
request for oral
1859. Board of Commissioners of Miami
County ct al. VS.. William T.. Mowbray.
Miami c. G. Appellants brief 81
4S7. Board of commissioners of Miami
County VS.. Julius Falk. Miami c. c. APP
Dellant's brief 81
s64s. Patrick e. Cox VS.. James c.. Peltier.
Allen s. c: Leave denied appellant TO file
1906. William Noonan vs.. George r. Bell
ct al Biackford c. G. Leave TO file reply
brief denied.
Ss43. James H. MLatchett vs.. Anderson
Foundry and Machine Works. Marshall c.
{. Leave to file appellee's brief denied.
369. CorneliCs NJ. Horner vs.. Hugh
Lowe: Cass &C. Leave to file reply brief
SSi6. Monroe w. Fitch ct al. VS.. Kittie
Long ct al. Allen s. G.. Appellees' petition
TO file briefs overruled.
$3.50. Aaron n. Dukes VS.. Charles s. Barb
ct al. Allen 5. G.. Appellees' petition TO file
supplemental brief overruled.
1896. Charles II Dudge9Gn vs. Mary e:
leave to file reply briefs denied.
1888. City of Elwood rs. Martha ]. Laugh
lin: Madison G c. ,Appellee,s brief (S(
\. McGregOr ct al. Posey G.. G. Notice
served on coappellants.
4154. Andrew Dallas Branstrator ct al. vs..
Catherine A. BranstratoT. Allen c. c. No
tice served on cOappellants.
1914. G.. /. * +. Railway Company VS.. Will
liam L. Little ct al. Delaware c. c. Joinder
in error.
New Case
4172. The Palmer Steel and Iron Company
vs. Heat, Light and Power Company. Della
ware c. c. Record. Assignment of errors.
SUPERIOR COURT.
Room John L. McMaster. Judge.
Rutherford b. Fishback VS.. Lula T.. Fish
back: divorce. Plaintiff dismisses at his
cost.
The Massachusetts Mutual Life Insur-
ance Company VS.. Alice NJ. Roney ct al.
foreclosure. Plaintiff dismisses. Costs paid.
Charles NJ. Clark Us. Harry b. Burnett
ct al. TO set aside deed. ON trial by court.
NEW SUITS FILED.
William c.. Wampner vs. indianapolis
Street-Tailway Company; damages. De-
$1,000. Circuit Court.
Lydia o. Dillon vs.. George Dillon; di-
vorce. Circuit Court.
Sophia Fox ". Henry j. Fox; divorce.
Court. Room 3.
Abraham Davis vs.. Walter Davis; di-
yOrce. Superior Court. Room l.
Anna NJ. Schnell ". Henry Schnell: di-
vorce. Superior Court. Room ?
William Henry Porter Us. Bertha Porter;
divorce Superior Court; Room
Mamie r. Wilson ". Ernest Wilson; di-
vorce. Circuit Court.
Rosie Chance ". Dominica Chance; di-
vorce. Circuit Court.
Rutherford Il. Fishback ". Lulu Fish
back. divorce. Superior Court. Room 3.
LenOra @. Riley ". Harry T.. Riley: di-
VOrCe. Superior Court. Room ,.
Catherine Gasway W. John Gasway: di-
VorCe. Superior Court. Room ..
Harry J. Milligan vs.. Willard W. Hub
bard ct al, on note. Superior Court.
Room /.
Ida G. Smith vs.. Thomas =. Johnson It
al; 10 quiet title. Superior Court, Room 8.
Charles Goodnccht Dead