The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-08

APPELLATE COURT.
1885. City of Bloomington VS. Dunn.
a proceeding by the Common Council of
city for the purpose of extending the
corporate limits over contiguous territory
under the provisions of Sections 1863, $500
Burns, 1890. where the notice was pub
lished in a newspaper of general circula-
tion printed and published in the city for
thirty days prior to June 5. 1892 for five
being May and the last on June l.
TO the effect that the petition would be
presented at the regular meeting of the
Board of County Commissioners, begin
ming the first Monday Of June, 1890 which
was the fifth day of the month the petition
being presented at said term and the entry
thereof having been made upon the Sth Of
June. Held that the publication was suf-
ficient.
s2a5. windeler vs.. Rush County Fair
Association. Rush G. G.. Petition for re-
hearing overruled. ROby. il. Where a
fair association had race track on which
horses could run without injury to the
spectators occupying seats provided for
them, and the association negigenty made
an opening i'm the fence surrounding the
track through which opening a horse ran
from the track and among the people as
sembled upon the main part OF the fair
ground. injuring a person. Held that the
fair association was liable for the injury
2. a common sense answer to the ques-
ton what was the efficient cause" of an
injury satisfies the requirements of the
law.
1888 State of Indiana VS.. Moore Black
ford G.. G. Appeal sustained. Robinson
J.-Section 1912 Burns. 1890 makes il a
misdemeanor for person to turn off the
valves in a natural gas line so as to stop
the flow of gas. without first having pro-
cured written permit TO do so. regardless
of whether or not ii was done with evil
intent.
1882. Hornbrook vs. ietzel Warrlck G.
c. Affirmed. .ComstOck, J.-Delivery of a
chattel mortgage is necessary to it's exc
cution, and where such an instrument was
signed and acknowledged on June 20, and
delivered on Aug. 4, on which day it was
recorded, held that the mortgage was re-
corded in time.
37Os Skelley VS.. Vail Elkhart c. G. AZ
firmed. Black, c. il. Error Of the court
i'm ruling upon a motion TO separate causes
of action must be brought into the record
either by bill of exceptions or order of
court. .. The trial judge may properly
strike out the answer of witness not
responsive. in that the witness states facts
not called for by the question. 3. There
can be no error in refusing to grant a
new trial. asked for because of alleged
rulings which were not In truth made as
alleged in the motion. 4. The declarations
of debtor after he has assigned his prop
erty are not as a general rule admissible
against his assignee for the purpose of
proving that the transfer was made TO de-
fraud the creditors of the assignor. except
where there is conspiracy on the part
of the grantor and grantee 10 defraud a
third person. 5. creditor may take a
preference from his debtor and knowiedge
TO pay his debts and that judgment has
been obtained against him does not make
il fraud for the creditor TO take the
preference.
sS07 Day VS.. Gaming. Delaware c. c.
Dismissed per curiam.-ln vacation APP
peal IL is necessary that all the parties
TO the Judgment from Nhcn the appeal
is taken be made parties TO the appeal.
3245 Citizens Street-railway co. VS..
Shepherd. Hamilton c. {. Rehearing
Minutes
2sSS David L. Adams Va. Charles W.
McI,aughlin. jay c. c. Appellants brief.
New Case
ae71 No Fidelity Building and Loan
ITnion vs No 4 Building and Loan Union.
Marion 6 G Record. Assignment OF er-
rors' Jojnder. Petition for advancement.
SUPERIOR COURT.
Room 1-Oliver III. Carson, Judge Pro Tenn
Advance Saving and Loan Association vs..
Clara &, Mani ct al: foreclosure. Finding
and Judgment for plaintin against DC
PENDANT Clark c. Maui for SlSso ana COSTS
decree of foreclosure. -
+. H. Eldridge Lumber company vs.;
John F. Frey: rnechanic's lien. DISMISSED
and costs paid.
Room James NJ. Leata rs. Judge.
Richard A. Black VS.. NJ JNCollins: note.
! Finding and Judgment against defendants
| Michael J. Collins and motifs -. Mints toT
| sli3, without relief and costs.
| Marion Bond Company VS. ". NJ backus
et al; Improvement lien. rinoins ana Juus-
n.ent against defendants Tor $SSS' WITH