The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-12
suPREME COURT.

1850. ColIett VS.. State OF Indiena. randolph
c. {. Affirmed. Jordan. III Error in over
ruling an application for a continuance should
be assigned as a cause for a new trial. and aot
presented for the first time IS an independent
assignment in a motion for a new trial is, that
the court erred in overruling the defendants
motion for a continuance on the grounds or
the absence OF the defendants witnesses" II
is too uncertain and indefinite TO present any
this court on appeal B. Each cause assigned
in a motion for a new trial should be speeihed
manner that the court will not be required TO
search the entire record in order to discover the
question upon the acts OF the court in refusing
% give instructions IL must appear that the
the party requesting them or his attorney.
1895. Town of CharlestoNgn vs.. oivey. ClarS
G. -. Affirmed. Baker, an alleged
error depends upon the evidence gwen. the bill
Of exceptions should state that j. contains All
the evidence given In the cause to entitie the
evidence TO consideration.
1sSs4. shaw vs.. Jones. Marshall c. c. At
a mortgage against a party necessarily afhrms
title in the defendant; and a reply TO an an
is a departure when il alleges facts to set
aside the conveyance 20 the defendant as fraud
froeclosSre of a mortgage. 2 When a husband
conveys real estate to his wife without any
an Advancement against which no implied trust
can arise. 3. An express trust resting in parol
Is as lawful as one in writing; but, IL one seeks
to impress such a trust upon an absolute ueed,
he must produce evidence in writing that IS
iAbtiS htOi lht
193iS. Fidelity, etc.. Union. VS.. Smith. itam-
ilton c. G: Petition for reheariag ?verrui@i
Motion to dismiss postponed until final hearing
Minutes
1896. The Michigan Trust Company. execu-
traitor. etc. Whitley c. c. Printed brief Of ap-
pellant trust company, executor %
the Citizens street-railrcad Company. Marion
C. c. Appellants brief 81
niger. Bartholomew c. C. Appellants brief on
motion TO dismiss.
1851. Lewis c. Stewart VS.. Ida NJ; Stewart.
| Marion c. c. Appellants brief on motion to dis
miss. Appelle's reply brief on motion. etc. Mo-
800. William s. RaIyar. administrator, ETC..
vs. e. c. Atkins & Co. Marion :. c. Appel
1sa54. Chicago. indianapolis & Louisville Rail-
way Company ct al. VS.. Marvilda a. Martin
administrator. Green c. c. Brief OF appel
1858. Salem Bedford Stone Company ct al. VS..
| Joel l.. Hobbs. administrator Lawrence C. c.
-appeilee's brief N)
APPELLATE OUR
1924. Southern, ETC., Institution, VS.. DOYLE.
p paxlsSs provided by section i asn'i Horners, 1857
for refusal to satisfy a mortgage after demand
has been made applies only TO any person being
State of Indiana" and. 1.-THE officers OF any bank.
lean association or other corporation being the
owner and holder of any mortgage so recoried
or any administrator. executor, guardian trustee
9 In case the mortgage is held bv a corpora
ton the statute was intended to punish the per.
| sons whose duty II Is TO release mortgages II
thew fail to perform that duty, and does not
give the mortgage or a right OF action against
such persons and the corporation both.
Rush c.. c.. Reversed. Black. ] Where the
special findings are not irreconcilably inconsist-
emit with the general verdict Judgment should
be rendered for the latter.
1865. Delaware Township VS.. Board of Com
missioners. Ripley. c. c.. Affirmed. Wiley. j.
i. 1t is presumed that a board OF commissioner
does its duty and will not go beyond its terri
torial jurisdiction In building bridges. 2 1t Is
only where the want or jurisdiction appears on
the face of the complaint that a demurrer will
lie for want OF Jurisdiction" 3. In actions IN
the Circuit Court 1t is not necessary that the
complaint shall show afirmatively that the court
the wrong name he can only take advantage of
it by a plea in abatement. .. A township trustee
may by letter notify the Board of Commissioners
OF the necessity of a bridge. and vhen the board
acts upon such notice and builds the bridga
TIE township is liable for its share in the ex-
pense of constructing it as provided by statute.
Minutes
1868. international Building and Loan As
ISOLATION VS. Augusta M. Watson ct al. Adams
c. c. Appellants brief.
s142. Mary ]. Wagner. administrator, VS.. the
Mier Carriage and Buggy Company. Noble c..
C. Appellee's petition and brief CJ for rehear-
ing. Arpellee's motion to modify mandate
S514. Henry Roehrs vs.. Bertha Timmons- Allen
c. C. Appellee's brief a.
1888. Samuel p. Antony We. HILBERT b. Mas
tiers. Delaware c.. C. AppelIee's brief Gl)
3541. Leo PollcIolz. a minor, by next friend,
appellees, ys: the Corning Steel COMPANY, ap,
certiorari
SUPERIOR COURT.
Room John L. McMasters, Judge.
Indianapolis Manufactors and Carpenters Un-
ion VS.. Albert Worm ct al; on account Evil
dence heard and taken under advlsement.
Clara Lefhngwell VS.. John LeG,ngwel; divorce
Finding for defendant. Judgment against plain
tiff for costs.
Room s-vinson Carter. Judge.
Van Camp Packing Company VS.. william H.
Wishard; account. Jury returned verdict for
defendant.
Louis Vaughn vs.. National Protective Society,
of Michigan; policy. Dismissed by plaintiff.
Judgment against plaintiff for costs.
Francis M. Londen VS.. John 5. Miller; dam
age. Judgment on verdict for $50 against de-
PENDANT for costs.
William S. Demott VS.. Indianapolis street-rail-
way Company; damage. Judgm,nt on verdict
against plaintiff for costs.
CIRCUIT COURT.
Henry Clay Allen. Judge.
L. p. Harlan VS.. James S. Russelrs Estate:
claim. Evidence concluded. FfadIng for claim
ant. Allowed for SIS and costs
Louise L. Pealow VS.. James c. Pealow's Es-
tate; claim. Evidence concluded. Arguments
had. Taken under advisement.
Matte NJ. Bird VS.. Ed CT. Bird ct al; divorce.
etc. Submitted to court Evidence heard in
CRIMINAL CoURT.
Fremont Afford, Judge.
Matte ~Jaekson; petit larceny. Trial by court,
Finding guilty. Fine 81 and Imprisonment in
county Jail for forty days.
Ada burns: prostitution. Appeal from. Police
Court. Trial by court. Finding guilty upou
agreed state of facts. Fine s..
Laura Smith; prostitution. Appeal from Police
Court. Trial by court. Finding guilty upon
agreed state OF facts> Fine IS.
James Logsdon; entering house to commit
felony and petit larceny. Trial By court. Pleads
guilty to petit larceny. Fine 81 end imprison-
ment in county workhouse for ninety days.
James Washington; grand Larceny. Trial by
court. Plea of guilty to petit larceny. Fine 81
and Imprisonment in county jail for six months
NEW SUITS
Dora Isensee VS.. Otto ]. Isensee: divorce. Cir
| cult Court.
Mary c. Hignight VS.. James r. Hienight ct al.
support. Superior Court, Room J..