The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-24

" go N'0 ~
right to insist on the collection OF any
greater sum from the stockholders than
The corporation itself could claim as a part
ls2Os. Till VS.. Collier. De Kalb C. =
Transferred 10 A. c.
1922. Dixon VS.. Eikenberry- Howard
G. c. Transferred to A. G
1925. Hammond VS.. Croxton. Steuben
c. G. Transferred TO A. G.
1928 Rumble vs.. Barker. Pike c. 9.
Transferred to A. G.
1924. Cement Company VS.. Minor. Clark
&. c. Transferred TO n. c.
1925. Lahr VS.. Timer. Knox c. c. Trans
1925. Davis VS.. seybold. Hamilton c. D..
Transferred TO A. c.
Minutes
1854. The State OF Indiana ex rel. Henry
Fadely, drainage commissioner. etc., VS..
Board of Commissioners of Henry County
ct al. Appellees' brief (S)
New Supreme Court Suit
1891. Ransom S. Moore VS.. ARA Smith
ct al. Record; assignment of errors; no
tice.
Oral Argument
1898. Perry c. Apple. Assignee. etc. ct
al. VS.. James III. Smith, Trustee, etc, ct al.
Wednesday. May s.
appellants COURT.
372c. c.. l. & Z. Railway Company VS..
Locr. Grant c.. c. Affirmed. Henley. &.
III. Where the evidence is conflicting this
court canno. say that the amount of dam
oONC oSN|e~N
dict is contrary to the evidence. 2. Where
the action involves the damages 10 a tract
Of land by reason of a part of 1t being &C
oUired by a railroad company, under Sec
lions 1906 and 3e0I, X 5. 1881, IL is within the
discretion of the trial court TO send the
Jury to view the premises.
1920. Vantreese VS.. MCGEE. Decatur 6. &.
Reversed. Comstock, il. A dog Is prop
erty for which an action In replevin Will
lie, and the mere fact that the animal is
dead does not deprive its owner or his right
of possession. 2. Whenever property can be
identified replevin may be sustained.
294S. Wright VS.. Caskey. Decatur c. e.
Reversed. Roby, il. A person is not en-
titled TO recover upon a void contract. z.
An allowance by the board OF commission
ers is not a voluntary one when ii Is made
upon a claim presented to the board, based
upon an alleged contract. 3. An appeal lies
from all decisions of the board of commits
sioners, except when expressly or impliedly
commissioners In allowing a claim brings
the same before the Circuit Court for trial
de novo and the burden is on the claimant
to establish his right to recover.
1898. Luke VS.. Sheridan. Fountain G.. &.
Affirmed. Black, J.-Where a person be-
came a resident of Warren county in 1896
and remained a resident of said county
until 1898, held that the such person could
only be assessed for taxes upon notes and
mortgages in his possession on April ], 1897,
i'm Warren county, and an assessment upon
the duplicate OF Fountain county, In the
hands of the treasurer for collection, is
void and constituted such a cloud upon her
Itdl tEldl Iud1 IL was CAllllCA " IL
junctive relief against such treasurer.
3743. S~pitzmesser VS.. Spitzmesser. Madison
c. c. Affirmed. Robinson. il. An assign
ment of error that the complaint does not
state facts sufficient is not available for a
reversal unless some fact essential to the
existence OF the cause OF action Is wholly
omitted from the pleading. 2. A divorce may
be decreed for cruel and inhuman treat
ment of either party by the other. 3. The
mere fact tina a person was misled, with
out any fraud connected Herewith. from
appearing at the trial OF an action for di-
vorce. where such person was a defendant
Will not justify the setting aside OF the de-
cree granted.
3467. McFarlane VS.. Foley. Marion 8. G..
Affirmed. Wiley, il In determining
whether an article personal in nature has
acquired the character Of realty by being
attached thereto regard is to be had 10 the
chattel itself, the injury that would result
from its removal and the intention i'm plac-
ing IL upon the premise with reference TO
use or ornament. 2. As to what the inten-
tion was in annexing personal property to
real estate is inferred from the following
facts: (a), the nature of the article an
nexed: CD. the relation of the party max
ing the annexation: (c), the structure and
mode of annexation; I'D, the purpose or
use for which the annexation has been
made.
1886. c. & s. E. Railway Company VS..
Lane. Hamilton c. c. Petition for rehesr-
Ing rejected.
1897. White. etc, Township VS.. Darrell.
Johnson c. c.. Petition for rehearing over
ruled.
ccoS- III ". oldtc u inuldtd. i'll
van c c. Petition TO withdraw transcript
granted.
3So9. Franklin VS.. lee. Vandefburg s. G.
Certiorari granted.
1914. Utter VS.. Kersey. Boore G. G. Publ
cation ordered.
1896. Indiana Railway Company vs.. Fei-
tick. 81. Joseph c. G. Certiorari granted and
Issued; motion to set aside order allowing
clerk 10 file amended certificate sustained.
35o2. Rastetter VS.. Reynolds. Whitley G.
c. Motion TO remove and strike from files
appellees brief overruled; petition for
certiorari overruled.
Minutes
1880. Aaron y. Dukes VS.. Charles 8.
Bash ct al. Appellants brief 90
361l. Hymera White Ash Coal Company
VS. Albert link. Appellants brief 80
New Appellate Court Suit
1852. John s.. Krohn. VS.. Felix p. Ander-
Joinder by coappellee. Notice.
SUPERIOR COURT.
Room flames NJ. Leathers. Judge.
Parry Manufacturing Company vs.. Mil
lard +. Cox; note. Evidence heard. Finding
and judgment against defendant for slO5.5 80.
without relief and costs.
William L. Mcclure VS.. Indianapolis
Union Railway Company; damages. On
trial by jury.
Room 3-vinson Carter. Judge.
Ella McGhee Va. c.. c.. G. & st. l.. Rail-
way Company; damages. Finding and