The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-26
HIGHER COURTS RECORD.
SUPREME COURT.

1858. Huntington. etc. Association vs..
Fulk- Huntington c. c. Reversed. Monks,
il, Courts Of equity have no power to
dissolve an insolvent corporation and wind
UP its affairs i'm the absence Of an express
statute. , A building and loan association
up. on account of insolvency. only by the
auditor of state, or upon his recommended
1879. Annis VS.. thinner. st. Joseph c. 9.
transferred to Appellate Court.
1877. Adams. etc. Co. vs.. Stewart. Wa
bash c c Rehearins Overruled-
Minute
1877. William Drew VS.. the Town of
Adams county.
APPELLATE COURT.
1855. Rauh VS.. Walesman. Marion S. c..
Petition for rehearing overruled. Roby. j..
When a purchaser of goods secured
cages them to another person 10 secure a
pre-existing debt the mortgage does not
thereby occupy the position Of a bona hde
purchase.
1861. Pearson VS.. Kepner. Miami G. c. At
hrmed. Robinson. p. i'm a petition to sell
the real estate OF a deceased married wOm-
an to pay mortgage debts wherein the hus-
Dand joined the court has the power to
sell the husbands interest therein.
554s- Stone VS.. Heaton. Green C. c; Re
VerSed. COmstOck, c. il The admission
OF improper testimony is presumed TO be
prejudicial to the party over whose objec-
ton IL is admitted unless the record shows
" nc tOIlIdIy. 4. II Is error 10 dllOW Il
witness TO state the contents of a letter
when it is not shown that the party to
whom 1T was addressed had received 1t.
1911. Champion VS.. Logan. Howard 6. G.
Affirmed. Black, il. Where one does work
or performs service for another at his re-
quest, or which he knowingly permits,
avalllng himself thereof and accepting
benefit therefrom, an agreement is implied
That the latter shall pay the former what
the work or service is reasonably worth.
?. Whether or not there was an express
/ OF an 1nDHe0 contract TO nav for the SRTV-
ices is matter of fact for the Jury to de-
termine upon the evidence. 3. Where serv-
ices under a contract are continuous, and
there Is no time fixed for payment, or when
the contract shall end. the statute of limi-
tations will not begin to run until the
services are ended.
3779. Walker VS.. Wehking. Marion s. G.
Affirmed. Henley. Where danger is open
alike TO the observation of both master
portunity witt the master to see and
know, or where the servant in the exercise
of reasonable care, looking to his own
safety. would discover that danger, the
risk is assumed
4lO9. Middaugh VS.. Wilson. Wells c. c..
Papers ordered returned forthwith
$500. OBrien VS.. Central, etc, Co. Clay
c. c. Transferred to Supreme Court.
1868. Hedrick VS.. Robbins. Marion s. c..
Motion to dismiss overruled. Submission set
aside and the clerk directed 10 issue no.
tees to appellee.
Minutes
1887. Harvey Thomas VS.. Ellen Mccoy
ct al. Jay G. G. Praecipe notice.
1882. Peoples State Bank vs.. Frank ".
Reyer. Spencer G. G.. Praecipe notice.
1897. George r. Hart, guardian. VS.. Solo
mon Miller. Wayne c. c. Appellee's points
for oral argument.
1855. Edith May Hammond VS.. William
G. Croxton ct al. Steu5en c. c. Brief on
petition to transfer 81
1857. T. H.. & l.. r. r. Co. VS.. Samuel
RittenhOuse. Marion S. G. Appellee's
brief CD on petition for rehearing.
4173. Martin T.. Goode, trustee, VS.. FL
wood Lodge. No. 166. Knights Of Pythias OF
Indiana. Madison s. c.. Appellee's appli-
cation, affidavit and motion for certiorari.
alp. Cornelia BOseker, eXecutrix, ct al.
VS.. Norman H. Chamberlain. Allen S. c..
Appellants petition 10 amend record O.
Appellee's appearance and consent to petit
ton.
New Case
1865. Samuel Annis ct al. VS.. Jacob Zim-
mer. st. Joseph c. c.. Transferred from
Supreme Court, 1871.