The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-04
THE COURT RECORD.
SUPREME COURT.

1851 Hood VS. Bradbury Marion S. c. Re-
versed Baker, III When a trustee OF any
express trust files his RESIGNATION and his claim
for services entirety under Section S40l,
Burns. 1894, and successor is appointed who
tiers involved in the report actually litigated the
adjudication is final. 2. An accounting in a
trust is proceeding in equity. 3. When ludg-
ment requires the payment of money. an execu-
ton is the proper writ.
1884. Hord VS.. Bradbury. Hendricks c. c.
Reversed. Baker. il The exclusion of EVIL
dence properly admissible under the issues is as
complete adjudication as II the evidence were
admitted and then iiscredited by the finding. z
augment debtor cannot escape the effect OF a
judgment by failing to appeal from erroneous
rulings and by relying, in new action. the
errors committed against him in the former ac-
tion in which the judgment was obtained 3. An
appellant cannot obtain reversal on account OF
erroneous ruling made ut his request In the pro-
ceedings and judgment appealed from. 4. Where
there is no attempt to withdraw a part of the
cause OF action from the consideration OF the
court in determining what Judgment to render
the effect OF the judgment upon the whole claim
cannot be limited by mere entry of court.
Minutes
1884. State REL VS.. Consumers Gas Trust
Company. Marion S. c. Appellants assignment
Of cross errors.
l. Denny for admission TO practice law. Marion
c. c. Brief for State (S) Appellants brief 81
1923. Alpheus w. Moon ct al. VS.. Pittsburg
Plate Glass Company. Howard 5. c. Cause ad-
vanced.
l929s. David C. Breedlove VS.. Mayme Breed
love. Hendricks c. c. APPELLANTS petition and
1850 Home Electric Light ard Power Com
pany VIZ. Carroll Collins. Elkfart c. c. Appel
1925. The Huntington Manufacturing Company
VS.. William E. Schofeld ct al. Huntington c.
1892. Howard McCaughey VS.. State of Indiana
Huntington c. c. Reply brief.
APPELLATE COURT.
1895. Leary VS.. Richcreek Marion S. c. AZ
firmed Comstock, J.-Unless joint assignment
of errors is good as to all the parties thereto 1t
is good as to neither.
1915. Pugh VS.. Miller. Monroe c. C. Trans
1858. Hartman International Association
ETC. Delaware c. {. Transferred TO Supreme
1874. Knights Templars Company. etc. VS. Du-
bois- warrick c. c. Petition for rehearing over
ruled.
1916. David Highley VS. Marion Rutherford
ct al. Howard c. C. Appellees brief (3)
SUPERIOR COURT.
Room John L. McMaster. Judge.
Albert vann VS.. Mahon p. Moody ct al. dam
ages. On trial by jury.
Room Flames M. feathers Judge.
Ida V. Ruthlege Supreme Tribe of Ben Hur:
policy. Dismissed and costs paid.
d. NJ Osborne G. Co. Va. Francis NJ. White;
Judgment Defendant defaulted Evidence
heard. Finding and Judgment against defendant
for s23665. without relief. an costs.
Room 3-vinson Carter. Judge
James NJ. Donaldson VS.. Samuel z. Hanllin ct
al. fading and judgment for the Union Trust
Company ct al. against Georgia NJ. and w. C..
Thompson for 81. 1877. SO and costs Finding for
plaintiff for ss0.62 Finding for the State Bank
OF Indiana for sl4 and costs. Finding for w. w.
Hubbard, s11750.
Van Camp Packing Company VS.. William H.
Wishard; account On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
John r. Flipplns VS.. William +. Mick ct al;
mechanics lien Plaintiff called. iefaulted.
Cause dismissed for want Of prosecution. Juig-
nlent against plaintiff for costs
August Wacker vs. Louise wacker; to convey
real estate Insanity Of defendant suggested.
Submitted to court. Finding for petitioner.
Petitioner authorized TO execute deed
Powell ct al. partition. Commissioner files re-
port and files appraisement OF real estate. Offer
disapproyed Real estate ordered readvertised.
Submitted 10 court. Evidence heard in part.
CRIMINAL COURT
Fremont Afford. Judge.
James Hull; assault and battery. Jury returns
verdict OF guilty Fine SO.
from Police Court Defendant files motion for
new trial. Motion overruled.
Elijah POWELL grand larceny and entering
house 10 steal Trial by jury. Cause continued
Elijah Powell; grand larceny. Valves jury
and demands trial by court.
Henry Stuck keeping house of i'll fame. Ap-
peal from Police Court. defendant files motion
for new trial.
to Kill. Trial by court Finding guilty. Fine s25
and imprisonment in workhouse for six months.
NEW SUITS FILED.
Charles Gompf Frederick Gompf ct al; to
contest will. Circuit Court.
Pearl Marshall va James A. Marshall or
Charles j. Marshall: to set aside marriage. Cir
cult Court.
Leila Smith VS. Arthur Smith and Kincan &
Co: support. Circuit Court.
Clarence Williams vs. Jessie Williams; divorce.
Superior Court. Room 1.
Emma c. Britton vs.. Cornelius .. Britton and
c.. c., C. & st. Louis Railway Company: sup
port. Superior Court, Room 3.
William Campbell & Co. VS.. Mrs. HULA A.
Stout; on account Superior Court, Roon q
Elizabeth c. Freeman files petition for change
OF name.