The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-20
HIGHER COURTS RECORD.
SUPREME COURT.

1880. City of Logansport VS. Kihm.
White c. c. Reversed. Bowling. c. j.
j. Where person seeks a recovery on ac-
count of an injury produced by defect In
a public street the complaint must show
that the defect In the street was the prox-
innate cause of the accident and injury. or
stoned by the defect. .. An allegation that
by reason of said street being out of
pairs as aforesaid, defective and unsafe,
she was thrown violently from her bicycle"
is mere conclusion of the pleader.
1870 Russell VS.. Bruce. Marion g. G.
Affirmed Hadley j. After the sale of
mortg2ged premises upon foreclosure pro-
ceedings for less than the amount of the
judgment the court which rendered the de-
cree may appoint a receiver TO collect and
keep. for the further order of the court.
the rents accruing during the year allowed
for redemption against the owner of the
property who Is insolvent and who holds
possession of the property by a tenant.
And the mortgage creditor who is the pur-
chaser at the foreclosure sale, for less than
the amount of his judgment, is entitled to
the rents accruing during the year for re-
demption, as against such owner, to be ap-
piled to the unpaid balance of the judg
ment.
1852. C. & s. E. Ry Co. VS. Kenney
Clay G. c. Petition for rehearing overruled.
1901 Smith VS.. Lewis. Marion c. c.
Advanced.
Minute
1901 Harry B. Smith. auditor etc.
State ex rel. Martha Lewis ct al. Marion
u. \.
for certiorari and waiver of notice.
New Suit
1904 Arthur Jordan ct al. VS.. the Indian
apolis Water Company. Marion S. c.
Transferred from A. c. 1876, to S. c. under
Sec. 10, Act of 1901.
APPELLATE COURT.
$3.50. Indianapolis Street-railway Company
VS.. Walton. Marion s. G. Affirmed. Wiley,
c. J.-Where complaint is tested for the
first time on appeal by an assignment of
errors. Ii will be held sufficient il it states
facts sufficient to bar another action. g A
person or company who places a rope
across a street just high enough to trip
persons and fails TO guard ii by lights sufi-
Gent to reveal 1t to every one or fails to
place danger signals of any character near
it to warn travellers, and a person is in
jured by reason of such facts, the person or
company so placing such rope across the
street is liable for the injury. 8. In crossing
a street a person is not required to antic-
ipate and guard against Instructions which
are unusual and such as are not ordinarily
observed in the exercise of reasonable and
ordinary care in passing along or across
public street
1918 Kingan & Co. VS. Hawley Union
G. G.. Reversed Roby, Ut is no part of
administrators duty by sharp practice
or deceit, to prevent creditors from sharing
in the decedents assets, and where it is
made to appear that an estate has been
settled and a creditor deprived from his
share of the assets of such estate by the
deceit or fraud of such administrators. the
order setting SUCH estate may be revoked
and the estate reopened.
1852. Krohn VS.. Anderson. Delaware e.
G. Affirmed. Black, J.-When appellant
assigns the admission OF incompetent testI-
mOny the error complained of he must,
in order TO procure reversal, show that he
may have been wrongfully affected by such
evidence.
4072. Hackman VS.. Joseph. Fayette c. e.
Dismissed.
1907 Mason VS.. Mason. Allen S. c. Peti-
ton for reheariag overruled.
1851 Racer VS.. Building Association. Jay
G. G.. Same
4311. Smith VS.. Tate. Greene c. G. Mo-
tiOn TO dismiss overruled.
1892 Hoyle VS.. Stellwagen. Lake S. =.
Motion to consolidate overruled.
Minutes
1919 The London Guarantee and Accident
Company, Limited VS.. August Hannoy.
Lake C. c. Appellants corrected brief 81
1888 Franklin Insurance Company vs..
Catherine Feist ct al. Daviess G. G Notice
to attorneys of records (2) served.
1850 Edward b. Trent ct al. VS.. Andrew
j. Edwards. Owen S. c. Supersedeas.
Brief