The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-03


porting to create a debt of the township in
excess of The fund on hand, TO which the
debt is chargeable and of the amount Of
such fund TO be derived from the tax
assessed against the township for the year
for which the debt is to be incurred. with
out first obtaining an order from the board
OF County commissioners. 4. When a
township trustee undertakes TO bind his
school township by contracting a debt con-
trary to the statute, and anything for
which he has authority TO expend money
from the special school fund has been re-
ceived and retained by the school township
under the contract, which IS beneficial 10
the township, there may be a recovery
against the school township for the benefit
so derived by it. 8. One who deals with a
public officer with naked statutory powers.
is bound at his peril TO ascertain the
scope of the officers authority, and cannot
found any claim upon acts done by such
officer in excess of his statutory authority.
g.. A warrant of a township trustee pay
able out of a particular fund is not nego-
table as commercial paper governed by tha
law merchant. z. To authorize a recovery
against an officer upon his bond for breach
OF official duty, Ii must be shown that he
violated some duty which he owed spe-
1858. Allen VS.. Frederick. Harrison c. c.
Application for transfer cause to Supreme
Court denied.
1868. international Association, etc. VS..
Watson. Adams c. C.. Motion to dismiss
overruled.
1894. suizer Company, etc. VS.. Rushville
NdttI Company. lkuSn -. -. Otdl diS1-
ment struck from calendar.
37SS. Bingham VS.. Marion Traction Com
pany. Marion G. c. Advanced.
3449. Bogue VS.. Murphy. Pulaski c. c..
Motion to set aside setting for oral argu-
ment postponed.
Minutes
1894. Sulzer Vogt Machine Company VS..
Rushville Water Company ct al. Rush G.
c. Appellants motion to strike cause from
argumen calendar. Motion sustained I'M
der Rule 2S.
1914. Solomon Carter VS.. b. F. Butler ct
al. Grant c. c.. Appellants brief 80
P. Chase. White c. c. Brief of appellee
Chase 90
s449. oliver H. Bogue ct al. VS.. John w.
Murphy ct al. Pulaski G. c. Motion TO set
aside date OF oral argument. Affidavit of
1856. The Weston Paper Company VS..
John w. Comstock. Shelby e. G.. Appel
lant's dismissal of appeal.
3625. Georgiana Bowen, administrators
VS.. Robert L. O'Hair. Hendricks c. c.
Appellants brief.
SUPERIOR COURT.
Room 1-JoSn L. McMaster. Judge.
G.. c. Pratt Lumber Company VS.. Arthur
Pfeifer; mechanics lien. Finding and judg-
ment for plaintiff against defendant for
$3l1 .95 and costs.
Emily Farmer VS.. Citizens Street-rail-
road Company; damages. Plaintiff dis
misses. Judgment against plaintin Tor
costs.
Room flames NJ. Leathers. Judge.
Mara Helm VS.. indianapolis Street-rail-
way Company; damages. On trial by jury
Room 3-Vinson Carter, Judge.
James Thompso VS.. John c. Love; con-
tract On trial by court.
CIRCUIT COURT.
Henry Clay Allen, Judge.
State ex rel. Sarah Leyenberg VS.. Andrew
Wishmeier bastardy. Finding for defend
ant. Defendant discharged. Judgment
against relatrix for costs.
State ex rel. Dorothy X. Fafley VS..
Charles ~Stanmeyer; bastardy. Satisfactory
provision made for support of child. Cause
dismissed. Costs paid.
Snyder; bastardy. Dismissed by plainti1.
Judgment against ~relatrix for costs.
Homer j. Foster VS.. Alexander M Stew
art ct al; damages. Judgment on verdict
against plaintiff for costs.
Agnes G. Patterson ct al. We. New Hamp-
shire Fire Insurance Company; on policy.
Dismissed by plaintiff. Judgment against
plaintif for costs.
Harriet Westfall VS.. Joseph Wait ct al.
TO set aside will. Submitted to jury. Evil
dence heard in part.
CRIMINAL COURT.
Fremont Afford. Judge.
Frank NJ. Hay; assault and battery. APP
/ peal from Police Court. Trial by jury.
NEW SUITS FILED.
David Johnson. administrator of the es-
tate of William Mckinney, VS.. the Indian
apolis Street-railway Company; damages
Demand. $4,000. Superior Court, Room 3.
~Madison-avenue Saving and Loan As
sociation No. 5 vs.. Casper Hess ct al; in
terpieader. Circuit Court.
Maria H. Ayres VS.. William IL. Moore:
for possession of real estate. Circuit Court.
Jewel s. Johnson vs.. Charles w. John
son: divorce. Superior Court. Room 2.
Frank Harrell VS.. indianapolis Street
railway Company; damages. Demand,
5000.
Minnie Glitter VS.. George Glitter: di-
yorce. Superior Court, Room 3.
A voting Woman's Sin.