The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-12
HIGHER COURTS RECORD.
SUPREME COURT.


1889 Chicago & s. Z. Railway Company
vs. Woodward ct al. Hamilton c. G. At
firmed Jordan, il. Unless a motion 10
strike out and the ruling thereon are made
part of the record by bill of exceptions
or order of court no question thereon is
presented. 2. A complaint good for any re-
lief will withstand a general demurrer. 3.
Where a debtor has unreasonably delayed
payment until interest has accrued and
suit has been begun to foreclose a me-
chanic's lien for the debt he cannot defeat
such action by rendering on the day before
the case is called for trial the principal of
the debt without accrued interest nor at
torney fees. T. Where money is by agree
ment to be paid on a specified day interest
begins from that date.
2O057. Sulzer-Vogt Machine Company VS..
Rushville Water Company. Rush c.. c.
Gillett. il Under Section 1 of the me-
chanic's lien law prior TO its amendment in
1899 (whatever may now be the rule) a con-
tractor other person who furnished ma
terials or performed labor in building or
repairing shop. MILL factory, house or
for the amount due him for the same by
filing a notice Of mechanics lien, even
though the owner might be in failing cir
laborers employed in or about shop mill,
wareroom. storeroom or factory whose
wages were unpaid that were given liens
by reason of the owner thereof being in
failing circumstances.
194S7. International B. and l.. Association
VS. Radabaugh ct al. Blackboard c. G. Re-
hearing denied per curtain. The fact that
wrong basis was assumed in estimating
the payments made on building associa-
ton mortgage Is not available to reverse
judgment in favor of the mortgageor to the
effect that the debt has been fully paid
when even according to the basis contended
for the building association shares would
still be fully matured and the debt thereby
Cancelled.
New Suits
BOOST. Sulzer-Vogt Machine Company VS..
RnShVlllp Water COmnanV. RuSh &. e..
Transferred from Appellate Court. No.
2OO5S. Rachel Mason ct al. VS. Jennie Ma
son. Allen S. c. Transferred from APP
pellate Court. 1907.
2OO59. James W. Racer ct al. VS.. Interna-
tional Building and Loan Association. Jay
Sssl. e transferred from Appellate court
APPELLATE COURT.
35o7. Mason ct al. VS.. Mason, Allen s. c.
Appellee's application to appeal to Supreme
Court granted.
1861 Racer ct al. VS.. International B. and
plication to appeal to Supreme Court
granted.
4os5: Hagey ct al. VS.. Schroeder. st.
Joseph c. G. Affirmed. Robinson, il
Where wheat was sold and the purchaser
gave a receipt reading, Received
wheat to be paid for at market price on
duced the court to rule that this meant
the market price on the day of sale, If
there was any sale made such purchaser
cannot object (on ; appeal from Judgment 1e
that there was lack OF evidence as TO
the market value of wheat on the day that
payment was demanded. 2. Where con-
tract Is shown to be lost and witness
testifies that he has an exact copy made
before such loss occurred the copy is adj
MISSILE in evidence.
C. c. Affirmed. Comstock. il. A COM
plant which states facts showing that
plaintiff was not a trespasser and was in
jured in the exercise of due care on his
part by the negligence of defendants serv-
ants states a cause of action, although
many facts in relation thereto which he
might be required on motion to state therein
are alleged only by way of inference. 2.
Overriding a demurrer to a reply to an
argumentative answer in denial pleaded
with a general denial is harmless IL
erroneous. The instructions only bind the
jury. The court is not bound to regard
them the law in ruling on motion for
Judgment on the interrogatories if con-
WINGED that they declare the law erroneous
ly. 1t was negligence for the engineer
having control of pile driver to move 1t
without warning when workman getting
drink in the usual way. was in a situa-
ton TO suffer injury which he would have
avoided If the customary signal had been
given before moving it. An engine made
to pull truck containing a pile driver
along the railroad track is locomotive
of Section 1 of the employers liability
act.
1929 Johnson VS. Hale. Grant S. c. APP
peal dismissed on appellee's motion
1927. City of Valparaiso VS.. Valparaiso
City Water Company. Lake c. c. Cause
advanced.
1870 Taylor VS.. Patton eft al. Montgom-
cry c. c. Cause advanced. Set for oral
argument Jan. 13
4671. Lane VS.. Patton ct al. Montgom-
cry c. c. Cause advanced. Set for oral
argument Jan. Is.
45S5 Cheney VS.. o. and I. Oil Company.
Appellee's petition for additional time
granted and thirty days granted.
New Suits
464 Moses j. Stewart VS.. knight &
Jillson Company Marion s. G. Record.
Assignment of errors Notice.
1913 Henry Rusche VS.. Annie Pittman.
Vanderburg c. c. Record. Assignment of
errors. Notices CD below.
Minutes
1875 The City of Hammond Robert G.
Livingston, by his next friend. Lake G..
G.. Appellants dismissal
1894 Chicago. Indianapolis & Louisville
Railway Company VS.. Mary E. Turner,
admrx. Harrison c. c. Appellants addi-
tional authorities.
AN OLD CUSTOM.