The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-31

party with receiving stolen goods it is not
necessary to allege the name Of the thief,
alleged it must be proved for the identi-
fication of the Offense.
New Cases
1914 Martha NJ. Fenstermaker VS.. Cortie
Holman ct al. Grant G. G. Transferred I'M
der act of 1901 from A. c. 1911.
1915. Willis b. Wheeler vs. State of In
diana. Warrick c. G. Record. Assignment
of errors. Notices below. Appellants mo-
zion for stay of execution. Appellants mo-
ton for oral argument. Submitted under
Rule 49,
1916. George w. Brown ct al. VS.. Flora
White ct al. Marion 5. g. Record. Assign
appellant. German American Building and
Loan Association.
APPELLATE COURT.
1888. Hutton VS.. Cunningham. Mont
gomery c. G. Petition for rehearing over
ruled per curiam.-Where a conveyance
for valuable consideration is made to one
person and the consideration paid by an
other. no use or trust results in favor or
the latter. but the title vests in the former,
except where the alienee takes an absolute
conveyance in his own name without the
consent of the person with whose money
the consideration was paid, or the alienee
purchased with money not his own in vio-
lation of some trust or where by agree
ment and without fraud he takes the title
to hold all or part of the land in trust
for the party paying the purchas money.
1852 l.. s., etc, r. r. Co. VS.. Butts.
Whitley G. G. Reversed. Robinson. p j.
l. The act of stopping a locomotive en-
of negligence. ,. The starting of a loco
motive and train in a way that produces
such noises only as are necessarily pro-
duced in properly starting them, even
though at a place of danger and where
horses are likely to be frightened. is not
negligence per Sc. 1t must be shown that
1t was at time and under such circum-
stances as made it negligent. 3. While it
is sufficient as against demurrer for
complaint to charge that act resulting
in injury was negligently carelessly
done, yet such rule does not apply If other
averments show that the acts charged were
lawful and proper.
1878 Oster VS.. Broe. Benton c. c. At
firmed. Black, J.-Where land is held by
entireties an action and judgment against
the husband for refusal to permit the
future enjoyment of an easement by an
adjoining landowner, prevents future eQuit-
able relief against the husband and wife
upon the same ground.
$3.50. Hogue VS.. State ex rel, Hendricks
G. G.. Affirmed. ROby, il. The sureties
upon the bond of a school trustee are
liable for the latter's defalcation of the
school funds. 2. The defense that other
a school trustee TO qualify for his second
term, is not available to the sureties in
a suit upon his official bond
4277 Dugdale Doney. Marion S. c.
Motion to dismiss overruled. ROby, j.
a case involving equity jurisdiction does
not come within the jurisdiction of a JUS
1926 Hill VS. Pierce Grant c. c. Dis
missed.
4O5l Cofinberry VS. Mcclellan De Kalb
c. c. Extension of time for oral argu-
ment denied.
Minutes
3S12 James D. Maxwell ct al. VS.. Augustus
f. Shirts ct al. Boone c. c. Appellant
Rockers brief 81 on motion to retax.
42OS Samuel Z. Summerland ct al. VS.
Hannah NJ Summerand. Koscuisko c. c.
Waiver of notice by appellee and joinder.
3S09 Robert Franklin ct al. VS.. Lewis Lee.
Vanderburg S. c. Appellants brief on petit
ton for rehearing 81
STA Alpheus w Moon ct al VS.. Pittsburg
Plate Glass Company. Howard S. c. APP
pellants petition for written opinion.
1868 Letta +. FOuts ct al. VS.. Frank NJ.
Milikan. Tippecanoe c. c. Appellants
brief 81
1928 William w Mcbride. executor, VS..
Sarah M. Timer. Wells c. c. Appellants
brief 81
400 The Farmers Mutual Fire Insur-
ance Company Alexander +. Yetter.
Marshall c. c. Appellee's motion and no
tice to strike out parts of appellants brief
and brief 90 on motion.
New Cases.
1926. Jessie Case. minor. VS.. Napoleon B.
RiChason, sheriff, ct al. CaSS g. G. Trans
ferred from S. c. 1852
1896 Edward A. Getchel ct al VS.. Chicago
Junction Railway Company. Porter c. G.
|. Transferred from S. c. 1861.
1929. Henry c. Kimble ct al VS. Board of
Commissioners of Franklin County. Fay
cite c. c. Record. Assignment of errors.
In term. Bond.