The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-12
CIRCUIT COURT.
Henry Clay Allen. Judge.
HIGHER COURTS RECORD.
SUPREME COURT.

1897. Zimmerman VS.. Weigel. Grant S. C.
Affirmed. Jordan, e. jim order to obtain
a new trial on the ground of newly discov-
cred evidence under Section 5T2 Burns 1901,
the applicant must show clearly and un-
equivocally, both in his pleading and in his
proof. that he exercised due diligence in his
efforts to procure, at the first trial, the evil
dence in question.
1906. Kaufman VS.. Preston. Noble c. G.
Affirmed. bowling, il Where a defend
ant is not Joint judgment defendant with
the appellant, such defendant need not be
made a co-appellsnt in a vacation appeal. 9.
Under an answer of general denial to
complaint to quiet title the defendant may
give in evidence every defense to the ac-
ton which they may have, either legal or
equitable.
1912 Brown VS. Cox MONTGOMERY c. c.
Affirmed. Hadley, il. In an action to
quiet title to real estate ii is not essential
TO the complaint that the language of the
statute shall be employed. II is enough if
the facts pleaded clearly show that the
claim asserted by defendant Is adverse TO
the claim of the plaintiff. 2. An offer to
prove" must be made before the court
rules upon an objection to the offered tes-
timony. TO raise any question on the
courts ruling upon appeal. 3. After the de-
livery of sheriffs deed for real estate
sold upon foreclosure of a mortgage, pos
session by the person whose time for re-
demption has expired, as against the hold
er of such deed. becomes unlawful by OPP
Grafton of law and he becomes entitled to
immediate possession.
1910. State of Indiana VS.. Carpenter.
Huntington Q. c.. Reversed. Gillett il.
The failure of appellee to file brief is tan
tamount to a confession of error. 2. Under
acts 1901, Page 466 it was the legislative
purpose to punish the doing of any bust
ness as such,' by person firm. partner
ship or corporation falling within the de-
scription of Section s. of said act. without
a license
1850. State ex rel. City OF Indianapolis VS..
Gas Company. Marion S. c. Oral argument
May a. 1902.
1928. T. II. & I. r r. Company VS. State
ex rel. Ketcham. Marion s. c. Petition for
leave TO file briefs on cross errors granted
briefs TO be printed on or before May /,
1902, and fled as OF this date.
Minutes
1871. International Building and Loan
Association VS.. Augusta NJ. Watson ct al.
Adams c. c. Appellants additional au-
thOritieS.
1871. Chicago & Southeastern Railway
Company VS. Charles Kinney ct al. Put
nam c. c. Return to certiorari.
New Case
1880 Wilton L. Hibberd VS.. Irene w.
Trask ct al. Wayne G. G. Record. AS
signment of errors.
APPELLATE COURT.
37S9. BouTley VS.. Kline. Shelby c. C. At
irmed. Roby, 1.-THE act of 1897 providing
that bonds, notes and mortgages belonging
TO a building association shall be negoti-
able only upon order of the Circuit
Court, or the Judge thereof In vacation
applies TO contracts entered into between
the association and borrower before the
said act became a law.
ASP. WhitcOEb VS.. Springer. Marion S. c.
Affirmed. Comstock, c. il. After a cause
is submitted il is not error to allow amend
ments to conform the pleadings with the
evidence where there Is no change made i'm
the nature OF the cause OF action or de-
Tense. .. When equity jurisdiction is devel-
oped il continues throughout the entire
controversy although the remedy is one
which might be conferred by a court of
law 3 court may amend its findings at
any time before final Judgment and during
the time within which bill OF exceptions
may be filed.
35Ol. Sturgeon VS.. Central Iron. etc, Co.
CLAY e. c. Reversed. Wiley. Reversed
upon the authority OF o Brien VS. Appellee
decided by Supreme Court. March is, 1902
$3.50 Rabb VS.. Johnson. Fountain c. c.
Affirmed. Black, Jan agent for the sale
OF real estate has performed his duty and
entitled TO his commission when he has
brought the owner of the land into com
munication with a person with whom he
agrees upon the terms or sale, although
they are afterwards frustrated by the own
OF the land.
374s. Pulse VS. Osborn. Decatur G. c. Re-
hearing granted.
Minute
4344. James NJ Hatfield vs.. Joshua w
De Long ct al Huntington c. C. Appel
lant's brief.
New Case
400 Mary A. GOelz, executrix, VS. the
Peoples Savings Bank. Vanderburg s. c.
Record. Assignment OF errors.