The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-28

and determining the question as to the
proper amount of the assessment. and the
statutory notice and hearing Is sufficient 10
constitute due process of law" and the
owner thereof cannot thereafter inquire
into the correctness Of the assessment coll
1850 Williams VS.. Hert. Clark c. c.
Affirmed. Monks, c. Error of the trial
court in denying a trial by jury can only
he reviewed and corrected on appeal.
1890. Beall VS.. Union Traction Company.
Wayne c: c. Affirmed Hadley IA bill
OF exceptions containing the evidence must
be filed with the clerk. after Ii Is settled
and signed by the judge, to become part
1852 Rowland VS. City of Greencastle.
Putnam c. c: Rehearing granted.
1883 Rowland VS.. City of Greencastle.
Putnam G. G. Rehearing granted.
1881 Wayne, etc. Bank VS.. Gas City,
etc. Company: Grant c. c. Petition for
1920 Adams VS.. State Sullivan C. C.
1896 1886 symms VS.. National. etc. Asso-
citation. Henry c. C. Transferred to APP
1851. State of Indiana VS.. Hindman.
Greene c. G. Leave granted to withdraw
transcript.
1854. d. II. Davis Coal Co. VS.. Samuel
Poland. Clay c. c. Petition Of Kokomo.
etc, Co. and Montieth for leave. etc. grant
ed Brief of appellant Montieth 60. Brief
1868 State OF Indiana VS.. James Conner.
Clinton c. c. Appellants statement and
1915. John w Elan. receiver. VS. Pat
rick ]. Sexton ct al Laporte c. c. APP
pellant's reply brief (s).
1893 Samuel WEIGHT VS.. State of Indiana.
Steuben c. C. Appellees motion to trans
fer
New Case
1860 Heber NJ, Fried ct al. VS.. Johnson
Nelson. Kosciusko c. G. Record. Assign
ment Of errors. Notice
Oral Arguments
lSSS2 and 1883. Daniel B. Rowland VS..
City of Greencastle. Friday, Oct. 4. 1901.
APPELLATE COURT.
1876 Jordan VS.. indianapolis Water Com
pany Marion 8. c. Reversed. Wiley. c:
binding on either party unless both are
bound. 2. In actions upon unilateral con-
tracts it is only where the defendant has
which he bargained that he can be bound
3. In the absence of mutually In con-
tract 1t cannot be enforced. 4. A contract
parties and be capable of specific perform
ance by each party against the other, or
for damages for failure to perform the
SSll Cleveland, etc, Railway Company
VS.. Penketh. Madison s. c: Reversed per
curiam-l. The crossing of a highway by
railroad track Is place OF known dan
ger and a traveller on the highway must
approach IL as such under the apprehen-
sion tnat train Is naDle TO cross at any
moment and the traveller is negligent If he.
by the of his faculties. may avoid an
accident. 2. All reasonable presumption
must be INDUCED against the special an
swers and In support of the general verdict,
and II the verdict. thus supported, is not in
irreconcilable conflict with the special an
swers 1t must stand. 3. A person in at
crossing should be held to the exercise Of
ordinary care and prudence under all the
circumstances. and If in good faith and
ar ipo re- mr. a
appearances and Is deceived thereby negli-
gence will not be imputed TO him.
4Oo4 Hewitt vs.. Mills. Whitley c. G.
Dismissed. Hanley. i'll. In vacation ap-
peals II is necessary that appellant make
all his co-parties 10 the judgment co-ap-
ppellants with him to give this court Juris-
diction. 2. Where the person In whose
favor judgment is rendered dies before
appeal the appellant should proceed under
Section CAS-. Burns. 1894
ers. Henry c. c. Reversed. Robinson. ].
L claim by county clerk for postage
is I'm no sense compensation for his serv-
ices. aud when he asks the county TO pay
back money he has expended for postage
In transacting public business he is rot ask
ing pay for services 2 Postage stamps
furnished a county clerk by the county.
$50 Boyle VS.. wize. Switzerland G. c.
Affirmed per euriam rd there tb Is no
correct conclusion was reached by the trial
court the Judgment Will be affirmed
ligan. Marion s. c. Motion to strike from
files appellee's brief and assignment OF
cross-errors overruled.
S26S Independent. etc. Gas Company VS.
Long. Boone c. c. Petition for rehearing
overruled
1901. William j. Holiday VS. Charles J.
ing overrued Dissenting opinion, Robey, J.
sos Sesler VS.. Smith. Wabash c. G.
Petition for. rehearing overruled.
3726 c., ]. & T. Railway Company vs..
Y rQhearfnE
s4os Whiting VS. zitz Porter S. C. Pc
tition for rehearing overruled.
Minutes
1861 The indianapolis Street-Ry. Co. vs.
Samuel ]. Wilson. Johnson c. c. Appel
lees brief C).
1855. Creamery Package Mfg. Co. VS.
Marcus Hotsenpiller. Randolph 6. &. APP
Sssi. The Cincinnati. Hamilton & Indian
apolis Ry. Co. VS.. Ida Worthington. Rush
G. G. Appellees brief tS).
sPERIoR COURT.
Room f-John l.. McMaster. Judge.
Elmer r. Nichols VS.. William j. Laugh
ner on account. Finding and Judgment for
plaintiff against defendant for sSSl76 and
costs.
note. Dismissed and costs paid.
Israel Conarroe VS.. William T. McCarty;
damages. Plaintiff dismsses at his cost.
Mary S Johnston VS.. Ulysses 6; John
Judgment against defendant for costs.
The following cases were dismissed on
call: Fatout Rusie ct al, City OF In
dianapolis VS.. Patterson; Equitable State
Building and Loan Association VS.. Bar
rows: Leffingwell ct al. VS.. HAIL. McCreery
VS.. Nordyke ct al; The Procter & Gamble
Company VS. krag-Reynolds Company.
Martin Wagner Company VS.. Krag-Rey-
nolds Company; Skillman vs.. Prange;
Smith VS. Blair et al. Maus VS.. Hanable,
Lease VS.. Citizens street-railway Com
pany; Borcourt vs.. City OF Indianapolis.
Lilly & Stalnaker vs.. Collins. Spencer VS..
City OF Indiana pohs: Stout Pacific Mu-
tual Life Insurance Company; Cohn rs.
Swartz: Nickerson VS. New York Invest
ment Company; PRESLEY VS. Kaminsky:
Benloehr VS.. McMullen; Darrach VS.. Sid
dali: Goodrich VS.. City OF indianapolis.
Smith ID. Mfg. Company VS.. Brade; Patter
son VS. Patterson. Valentine VS.. Lehr et
al Mahan Va. Mahan. Berry VS. Hammer,
Able vs.. Able: Stearns Stearns; Johnson
VS.. Johnson; Casey VS.. Henry; Taylor vs..
Taylor: Nysewandcr VS.. Canheld; Voorhees,
VS.. Sweetland: Bowen W.. Woodbury..
Room 3-Vinson Carter. Judge.
Lewis Taylor vs.. India napolis street-rail-
way Company; appeal. Plaintiff dismisses.
Judgment against plaintiff for costs.