The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-13

answered letters may under circumstance
be admitted as evidence OF admission by
acquiescence of the statements contained
H. them.
1901. Sarver VS.. Clarkson. Montgom-
cry c. C. Affirmed. Bowling. jim a suit
unpaid purchase money of land. executed
by the husband alone. the wife is not
a necessary party defendant, nor Is she
a necessary party to a suit, by a VENDOR
force a vendors lien for the purchase
money
1880. Franklin VS.. Franklin. Henry c. c.
on request of appellee.
1s71O. Pinden vs.. Board Commission
ers. Jackson c. c. Petition for rehear-
ing overruled.
1882. Langman VS.. Marie. Laporte C.
G. Petition for rehearing overruled.
1888. 10y VS.. Madison, etc. Company.
Madison G.. c. Petition for rehearing over
1906. State VS.. Engle. Marion C. C. Pc
tition for rehearing overruled.
1858. indianapolis Railway Company VS.
Feinek. St. Joseph c.. C. Motion TO cor
rect certificate of clerk sustained.
1868. Braxton VS.. State. Floyd c. C.
CertiOrari granted.
1850 Hewett vs.. Mills. Whitley c. C.
Leave TO complete transcript granted.
1923. Neff VS.. Cordrey. Allen {. G. Mo
ton to strike from files postponed.
19446- Holiday VS.. Miller. Clay c. c.
Motion to dismiss overruled.
1891. Emerich VS.. Miller. Wabash G. G.
Petition for release from bond denied.
1884. l.. S. & NJ. S. Ry. Co. VS.. Butts.
Whitley c.. c. Hearing of motion post
POned until return of record.
1876. W.. L. Tel. Co.. VS.. Ferguson. Mon
roe c. c. Advanced.
Minutes
1880. John Hewett VS.. Elizabeth II. Mills
ct al. Whitley c. G. Motion for leave to
complete transcript. Notice.
1854. Lake Shore * Michigan Southern
Railway Company VS.. John Butts. Whitley
c. c. Petition for leave to number lines,
etc.
1896. State of Indiana VS.. David H.
Flynn ct al. Tippecanoe c.. G. Petition TO
advance, etc.
1880. Dolph Franklin VS.. Albert Frank
lin ct al. Henry G. G. Confession of error.
l946. William Holiday VS.. George w.
on motion, etc. e.
1868. Indiana Railway Company VS.. John
Feirick. st. Joseph c. c. Motion to cor
rect certificate of clerk sustained.
1868. Emmett Braxton VS.. State of Indi-
ana. Floyd c. c. Certiorari granted and
issued.
1850. John Hewitt VS.. Elizabeth H. Mills
ct al. Whitley G.. G.. Motion for leave to
complete transcript granted.
1925. John Henry Neff, executor, ct al.
VS.. Birdie NJ. Cordrey. Allen c. c. Appel
lants' motion to strike from files. ETC., post
poned until final hearing.
1916. William Holiday VS.. George W.
Miller ct al. Clay c. G. Appellees' motion
to dismiss overruled.
lOfOl. 4hulp ny, IllDDtH W ~. vs.. lily VI
Indianapolis. Marion c. C. Ordered that
the attorneys having record, etc., return
the same forthwith.
1891. Louisa G.. Emerich VS.. Harvey l..
Miller ct al. Wabash G. G. Petition for re-
lease from bond denied.
1854. Lake Shore * Michigan Southern
Railway Company VS.. John Butts. Whitley
G.. c. Hearing of motion postponed Until
return of record, which is to be returned at
once.
1876. Western Union Telegraph Company
VS.. Howard Ferguson. Monroe G. c. Cause
advanced.
APPELLATE COURT.
3411. Hibben ct al. VS.. Hicks. Lawrence
c. c. Affirmed. Wiley, ii. When a
retail merchant becomes the owner of
goods and sells them to another they cam
not be taken by the first seller in IN ac-
ton in replevin. 2. Where a special find
ing is made, if any essential fact neces-
sary to a recovery is not found, or If the
finding is silent as to a material fact neces-
Sary to be found, Ii Is taken as a finding
against the party having the burden of
finding such fact. 3. Fraud is a question
Of fact and must be found as such; facts
from which fraud may be presumed are
not sufficient.
1924. p. c.. c.. & St. L. Railroad Company
VS.. Gray. Cass {. G. Affirmed. Robinson,
il. A master is liable for such acts of
MS servant as are committed while in and
lr some way connected with his service.
2: The relation of carrier and passenger
does not necessarily terminate when the
AllD Ndiiftu tit DdcStUktI lU Ills
destination and given him reasonable OPP
%portunity to leave the train i'm safety.
S2ll. Haggard VS.. State. Tippecanoe c.
I. Reversed. per curtain. Reversed upon
the authority of Marmount VS.. State, as
Ind, Il.
1921. G., c., c. & st. L. Railway Company
w; Griffin. Montgomery G. c. Petition for
rehearlng overruled.
1892. Ault. etc, Company VS.. Baker.
Morgan c. c. Petition for rehearing over
ruled.
1923. oldenburg VS.. Baird. FLOYD G.. c.
Petition for rehearing overruled.
SS25. Irwin VS.. Marquett. Bartholomew
&C Petition for rehearing overruled.
1929. c., L. q r. Railway Company VS.,
Mason. Howard S. c. Petition for re-
hearing overruled.
Minutes
S5i5. The Paul Reising Brewing Company
VS.. Felix Bochart ct al. Clark c.. c.. Ap-
pellees' petition and brief for certiorari (l
notice.
1906. Evansville & Indianapolis Railroad
Company VS.. William Butts, sr. CLAW G. G.
Appellants reply brief.
1904; The Vernon Insurance and Trust
{. G. Appellee's brief CD
SUPERIOR COURT.
Room John L. McMaster. Judge.
Marina Landers VS.. State Bank of In
dana ct al; damages. On trial by Jury.
Room FLAMES w. feathers. Judge.
V. Jungclaus; damages. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Grace p. Shutter VS.. Norris c. Shuter; d.
vorce. Defendant defaulted. Submitted to
court. Finding for plaintiff. Decree of dt-
vOrce. Custody of child, Norma K. award.
ed to plaintiff. Judgment against defendant
for costs.
Alice b. Clayton VS.. William w. CLAYTON,
divorce. Settled and dismissed without
prejudice. Costs paid.
Carolina Lingenfelter VS.. Lewis Chaman,
On notes. Defendant enters appearance and
cOnfesses judgment for SS,662.5 so without re.
lief. Judgment on confession accordingly
and for costs.
Charles a. Heeg VS.. Cyrus ]. Clark ct al.
ant Ernest w. Clark. Submitted TO jury
Evidence heard in part.
CRIMINAL COURT.
Fremont Afford, Judge.
John Hogarty and Thomas Morley; Crane
larceny and robbery. Defendants eacl
pleaded guilty to petit larceny. Each fnee
81 and sentenced TO Indiana Reformation
for one to three years.
Samuel Hinkle; seduction. Defendan
files bill of exceptions. No. 1.
Eliza Payne; grand larceny. Findin,
guilty of petit larceny. Fined 81 and i'm
~prisonmenI in wcrkhouse four months.
NEW SUITS FILED.
James E.. Logan VS.. Harry c. Lands
complaint on judgment. Circuit Court.
George w. Foss VS.. Carl Pochow: me
cbanic's lien. Circuit Court.
Mary Nichols vs.. Betty Icons ct al; par
t.tion. Circuit Court.
Sarah j. Williams VS.. Stanley Williams
divorce. Circuit Court.
Felix T. McWhirter VS.. Anna NJ. White
mortgage foreclosure. Superior Court