The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-03
THE COURT RECORD.
SUPREME COURT.

1870 Adams vs. State Of Indiana Sullivan G.
bin of exceptions, so as TO make It express the
truth. is a Judicial act. and the judges author
ity in this respect cannot be delegated 10 an
other. and in settling the bill he must exercise
his own Judgment in respect to the truth OK lne
ton 2 of the act of 1899 (Acts 1899 p SSD Is In
operative by reason Of the fact that the require
script OF the evidence filed by the reporter GER
tlhcate that the same is correct and contains al
the trial of any cause wherein a shorthand re-
! porter is employed is taken down by such re,
porter under the direction of the trial Judge and
the noting OF all rulings and exceptions Is done
by the reporter under the orders Of the i,. Judge
pss act OF no ss rs1 Ae1s y the aa OF @
structions In criminal cause can only be made
part of the record on appeals by means OF
nto I the 5iil Of EXCEPTIONS Containing the long
hand transcript OF the evidence and certined 10
this court IN IKE manner oens eop pad
act of 1899 bill OF exceptions containing the
the whole be certified to this court without being
copied by the clerk of the trial court T. Only
inserted and certified part OF the record
upon appeal without being transcribed . Proof
from those made in court is never to be received
or accepted as the truth Of the matters en-
such proof ean be Considered no further nor have
any greater effect than TO impeach the witness
nam c. 6. Reversed Hadley. Reversed
is7o4 Taylor vs.. cannaday; Randolph. c. c,
bill of exceptions must be filed within the time
granted to BECOME part Of the record .s CO.,
Company. Delaware C. c. Reversed. Dowling
J.-Reversed upon authority OF Second National
Bank 1S,s W. appellee decided at the present term
1916 Lowe VS.. Board of Commissioners
White G. G. Oral argument granted.
1882 Citizens Street railroad Company. VS.
Reed. Marion S. c. transferred to Appellate
Minutes
1s44o. Lorenzo d. Jackson ct al. VS.. Eva NJ.
sayier. Lake c. c. Additional copies appel
1929 The Home Savings Association vs. the
Noblesville Monthly Meeting of the Friends
| Church. Hamilton C. &. Appellee's brief (s)
1899. Powhattan Dodd VS.. Oscar Dodd. Upton
| c. c. Motion to substitute Laura Ressler as
party appellant. Notice.
1916 Hugh Lowe ct al VS. Board of Commits
sioners OF White county. White c. c. Joint re-
| quest to receive oral argument.
| 1886. Charles o. Crowley VS.. John Owen ct al.
Madison S C. APPELLANTS reply brief.
sass Marshall r Hoingswor,h vs. Nancy
| Court.
s247 Salem-Bedford Stone Company VS.. Hit.
| Washington C. C. Affirmed. Henley c. j.
and suitable places for his employees to work. q
| Where there is evidence tending to sup
port verdict il will not be disturbed account
| OF an alleged lack of preponderance. 3. In
terrogatories submitted to jury must be con-
1 lined 10 the 1actS proVabe under the issues. 4.
| A particular fact. to be found by the jury.
| der the statute. does not mean conclusion
| drawn from all the evidence submitted tc the
| jury and means something less than the Whole
| issue but the jury may be compelled to find the
| particular facts covering the whole issue.
3l56 Columbian Association, etc. Walker
De Kalb c. c. Affirmed Black. il. Where
| an insured brings an action for sick benefits.
under his policy and dies pending the litigation
the substitution of administrator is the proper
procedure. 2 Where person desires to question
| the action of the trial court in accepting
| offer to remit made pending the consideration OF
| motion for new trial. exception should be
saved to the action of the court upon that offer,
and the ruling of the court should be assigned
error
1868 City of Elwood VS.. Addison. Madison
S. c. Affirmed Robinson. il. Where person
is injured by a wrongdoer the latter cannot be
| permitted to say that the injury resulted from
! more immediate cause when this immediate
cause was put into operation by his own wrong
| full act 2. II is the duty Of municipality TO
keep its streets and sidewalks in reasonably
fully discharged by making the Travelled part Of
the street safe II there dangerous places
near the usually travelled part of the street. al
use ordinary care to protect from injury per-
son lawfully using the street In reasonably
| prudent manner. 8. A child will be held to that
degree OF which, under like circumstance
would reasonably be expected OF person OF his
years sn; ana sap hsd i Where ERE, there Is any
city that in law he should be held to be sui
juris the question should be left to the jury.
| cock c. c. Reversed. Wiley, il when the
record shows that the official reported filed the
long hand manuscript OF the evidence in the
clerks Office. that appellant requested in writing
| that such original long-hand manuscript be EN-
| braced in the bill OF exceptions without copying
| which was done. that the bill thus prepared was
presented to the trial judge for settlement and
tbst wbn so sgned ana ,, sg a,e Il. and
clerks Office and vacation entry made thereof;
| the bill OF exceptions also sustaining the in
| are both In the record ?. Where there Is any
| evidence having legal weight. any legitimate
to support the paintfs right to recover the
| question is for the Jury and not for the court
| Minutes
sSss James Mason VS. Incorporates Town of
3351 Louis Hentz va. Paul Mueller Porter
S. c. Appellants application and brief for
1903. Hammond, Whiting ard East Chicago
Electric Street.railway Company vs. Teofel Betz.
sill james Hsgsard VS.. state St,s' Of Indiana
| Tippecanoe c. c. Appellants additional brief
wells app nslesr Y sre 9shaei Daley ct al
| s5c4. Chicago. Indianapolis & Louisville Rail-
way Company vs.. Martha Reed. Carroll C. c.
| sz4s. Ella Germ Matte Ravencroft St
Joseph c. c. Appellants petition and brief (9
SUPERIOR COURT.
Room John l.. McMaster. Judge.
| Albert vann ard Mahlon Woody Indianapo-
| lis Cold Storage Company; damages On trial by
CRIMINAL COURT
Fremont Afford, Judge
Thomas Perry and Edward Perry; forgery and
utterns forged note. Defendants nle motion to
quash. Motion overrlileo.
| James Hull; assault and battery. Plea or net
| guilty. Trial by jury Jury out.
John Banks; attempting to bride an election
John Dennis: information petit larceny Will
liam Hotz files affidavit. Plea of guilty De-
i fendant fifteen years old. Committed to Reform
School.
| Benjamin Corbett; incorrigible Julia Star
buck files affidavit. Defendant thirteen years
old Committed Reform School.
NEW SUITS FILED.
| Central Steel Company vs. Indiana Steel Com
pany ct al. TO cancel sale OF stock aad for in
| Junction Superior Court. Room 5.
Emil Wibrandt Surgical Manufacturing Com
/ pany Marshal *. Bresett e; al: replevin
| Superior Court Room l.
Stella Abrams VS.. Allen Abrams; divorce Cir
/ cult Court.
| Home Savings Association VS. Ida A Hanable
| ct AL mortgage foreclosure. Superior Court,
| Room 2
Sarah L. Smith Francis NJ. Smith; divorce.
Circuit Court.
| Arthur G. Fosayke Sarah f. Carrirer: 10
| quiet title. Superior Court Room T.
| j. II. Bowersock VS.. August Thau on account
| Circuit Court
| Elizabeth J. Kennedy vs. Marie Rhod;us nj =,
damages Demand. $500. Superior Court
i Room 3.
1 Benjamin. 3 jones ct Ell. vs. John r. Budd
| or account. superior Court. Room l.
4
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