The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-12
-EW SUITS FILED
HIGHER COURTS RECORD.
SUPREME COURT.

1878 Kirkham VS.. State of Indiana.
Grant c. c. Affirmed. Jordan, c. 1.-THE
transcript containing the evidence must be
filed in open court with the trial clerk after
the bill of exceptions containing the evil
dence is signed by the trial Judge.
1895 Indiana, etc, Gas Co. VS.. State ex
il. A gas company acting under a city
ordinance calculating to give Ii a monop-
oily is bound 20 serve the inhabitants of
2. The authority of municipalities TO grant
franchises, and the authority of private
corporations TO be such and TO thereby be-
come such artificial entities that they may
receive such grants, have their origin in
the law of the State, and municipalities
lack the power to authorize arbitrary and
burdensome determinations as between it's
inhabitants in the conduct of a business
that is public in its character, and private
corporations lack the authority TO receive
such grants g. Whoever by virtue of any
public position under a state government
deprives another OF property, life or lib
erty without due process of law, denies
or takes away the legal protection of the
laws, violates a constitutional inhibition
and as he acts in the name and for the
state. and is clothed with the states pow
er, his acts is that of the state. 4. An UNI
lawful discrimination must be in some
measure unjust or oppressive.
1881 Lake Shore, etc, Ry. Co VS.. Whit
ing. Lake c. c. Petition for leave to file
brief postponed until final hearing
1908 City Of Terre Haute VS.. Kersey.
Vigo s. c. Oral argument postponed
1921. Collins vs.. Amiss. Huntington c.
c. Transferred to A. c.
1904 Alexander VS.. Spaulding Wells c.
c. Same.
1924 Ice Co. VS.. Lewis. Laporte C. C.
Same.
Minute
1875. State of Indiana ex rel Joseph A.
Mnturn VS. Charles N Elliott. chairman.
etc. ct al. Appellees' brief (S) Oral argu-
ment Feb. II. 1902. Appellants reply
New Cases
1922. State ex rel. John o. Behymer VS.
Elijah Perry, auditor. Upton G C Rec
ord ASSIGNMENT OF errors Notice
1880. The Baltimore & Ohio Southwestern
Railroad Company VS. State of Indiana ex
DAVIES c. c. Record. Assignment of
errors Notices (2) below.
APPELLATE COURT
$3.50 c. l. & L. Ry. Co. VS. Martin. Or
ange c. c. Reversed. Comstock c IL
II is error 20 permit counsel over proper
affection and exception TO comment unon
facts pertinent to the issue but not in ev-
idence. ,. II in the course OF argument an
improper and injurious statement is made
the court should instruct the jury 10 dis
regard it, g. When a person is guilty of
misconduct the burden is upon him to
show that the contending party was not
injured.
S497. Duckwar VS.. Williams. Delaware
c. c Affirmed Robinson p il When
evidence is conflicting this court cannot de-
termine where the preponderance lies for
IL is exclusively with the trial court to
weigh all evidence
BIS. p. c.. c. & st. L. Ry. Co. VS.. Ma
honey Howard s. c. Reversed. Henley.
IL Railroad companies may contract as
private carriers In transporting express
matter for express companies. and may
require from such companies exemption
from liza bility for negligence as one of the
conditions 10 the obligation 10 carry and
an employee of an express company who