The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-14
HIGHER Z II RECORD.
SrPREME COrRT

1884. Andrysiak VS.. Satowski. Laporte S.
c. Reversed. Monks. il. Only the evil
dence given and offered in a cause, and the
rulings of the court in respect TO the ad-
mission and rejection of evidence. and the
competency of witnesses, and the obJec-
lions and exceptions thereto can be pre-
scented TO this court on appeal by an Origi-
nal bill of exceptions, and instructions Civ
en- or requested, although contained in such
original bill. cannot be considered on ap-
peal. ?. Instructions given or refused will
not be considered on appeal when they only
appear in the record as a part of the motion
for a new trial. 3. The relation of suretyship
is fixed by the arrangement and equities
between the debtors. and is determined by
inquirins who received the consideration
of the contract.
1915. Elan VS.. Sexton. Laporte c. C. Dis
missed.
1885. Hart VS.. Smith. Marion S. c. Ad-
vanced.
Publication ordered and issued.
1880. Malott VS.. State ex rel. Board of
Commissioners Clay c. c. Advanced.
1897. State ex rel. Moore VS.. Board of
Commissioners. Montgomery c. c. Motion
to dismiss postponed until final hearing.
Petition for extension of time to file brief
granted.
Minutes
1879. Dawson Standish VS.. Curg Bridge
water. Washington c.. C. Appellee's
1850. volney T.. Malott, receiver. VS.. state
ex rel. Board OF Commissioners OF Clay
CCANNJ OhoJ n $3.50
81 Cause advanced.
1859. William H. Hart. auditor of state,
vs.. State ex rel. Margaret Hite ct al.
out part of records.
1876. Adam Boomershine VS.. Barney
Minle. Elkhar c. c. Appellee's brief (1
APPELLATE COURT
S64O. Bedford ouarries Company VS..
stock, c. il. An employer is not required
to follow his employe throughout the de-
tails of his work to see that he does not ex-
pose himself TO obvious danger. 1t is in
cumbent upon the employe 10 use his nat
ural senses and he is held 10 see the dan
ger which ordinary diligence would dis
cover. 2. An employee assumes the ordinary
risks OF danger incident TO his employment
so far as they are known TO him or could
be ascertained by the use of ordinary care.
8. Where a danger is alike open TO the OBJ
servation of the employer and his employee
the former is not liable for injuries result
ing to the latter from the ordinary dangers
$500. New Albany Manufacturing Com
pany VS.. Sulzer. Clark c. c. Reversed.
Wiley. 1.-THE mere fact that a person has
made an assignment for the benefit of his
fully settled without a creditor filing a
claim against the estate does not suspend
the creditors right to maintain an action
at any time for the recovery of a personal
judgment against the assisnor for the
apps. Jackson VS.. Sayler. Lake c. c. Re-
versed. Henley, jim order for a creditor
to nave a sale and transfer of real estate
set aside as fraudulent he must show that
such transfer placed him in a worse condi-
ton thar had II not been made, that is, that
on judgment an execution would reach the
property conveyed.
4O69. Alden VS.. White. Allen c. C. Appli-
cation to file brief filed.
400. Meddaugh VS.. Wilson. Wells G. c.
Permission granted to index record.
1857. South Bend Pulley Company VS.. Fl
deity and Deposit Company. st. Joseph G.
c. Application for extension of time
granted.
4l9s. Zuelly VS.. Casper. Perry c. C. Motion
to advance overruled.
1861. Pearson VS.. Kepner. Miami C. c
1898. Franklin Insurance Company VS.
Feist. Daviess c. c. Application for leave &c
amend assignment of errors granted.
Minutes
1870. Charles Baertz VS.. Gustave Schmidt
Laporte S: G.. Appellee's brief (S)
3SO5, Robert Franklin ct al. VS.. Louis Lee
Nanderburg S. c. Appellee's second briei
C) on petition.
42l7. Charles A. Shelton VS.. John Y
Sharpe ct al. Pulaski c. c.. Appellant.
434S. Eliza V. Angel VS.. Charles A. Hern.
beck. Carroll c. c. Appellants brief ()
1907. Benjamin L. Webb ct al. VS.. tbs
John Hancock Mutual Life Insurance Com.
pany ct al. Marion G. G. Appellants brieI
81 (Bank.)
1891. William NJ. James ct al. VS.. Fred
erick r. Nugent. Orange c.. c.. Appellants
brief G.) Motion 10 consolidate.
400. John Ragle VS.. Alonzo Mattox. Sui
livan c. c. Appellants motion 10 advance
New Cases.
4439. Clarence r. Milburn VS.. State of IN
diana ex rel. Kate l.. Milburn. Hancock -
9. Record. Assignment Of errors. In term
Bond.
$40. Joseph Teraba VS.. the StandaIC
Cabinet Manufacturing Company ct al
Miami C.. c. Record. Assignment of errors