The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-11

To bring the evidence into the record with
out copying II the whole original bill of
exceptions must be put into the transcript,
and where 1t appears from the record that ,t
the clerk copied large portions of the bill
of exceptions. including the judges GER
tifcate thereto. and then detached the
manuscript of the evidence from the orig
inal bill and inserted 1t in his transcript
along with such copied portions. as to-
gether constituting the bill of exceptions.
the evidence is not in the record.
3979 Lake County w. & L. Company vs..
Walsh. Lake s. G. The officers of a city
or town incorporated under the general
law have no power in the absence OF ex-
press statutory authority To sell any of
its property held In trust for the general
good. and electric and water plants come
within this class of property.
4242 Conner VS. Hayworth Pulaski c. {.
Reversed. Black, +. J.-Where the COM
plalnt charged defendant with receiving.
cashing and appropriating the proceeds OF
draft belonging TO plaintiff. received Tor
ing the same to his own use, all without
plaintiffs knowledge or consent, an answer
alleging that the same was paid to de-
fenGant by third person by order of plain
tins husband to be used as funds of a part
nershiD existing between said husband and
defendant, and when received by defend
ant was credited to said husband, and was
never used 9r expended by defendant as
his separate money or in his private busi-
ness, is insufficient in the absence OF
showing that any consideration was given
fendant had been misled as to the owner
ship thereof or had investigated as TO It's
ownership
VS. Martin, administrative. Greene c. {.
Affirmed as against Perry Matthews-Bus-
kirk Stone Company. Reversed as 70
a Joint or several liabilities be alleged
in an action against two defendants the
plaintiff has right to recover against one
whose liability is shown by the evidence,
Al E-.lf- thA fhnr
Where the employers negligence puts
workman in peril his failure TO make use
of the best means of escape by reason OF
becoming frightened does not constitute
contributory negligence. g. A quarry com
pany which set its men TO scabDllng stone
on fiat cars bound to use reasonable
care to make their working place reason
ably safe. T. Where such cars stood on
sloping sidetrack, the wheels were not
blocked and an engine was throwing cars
into such track to make up tram tne
road hauling cars for such employer was
under no such obligation to the workmen
to keep their working place safe
4443 Webster ct al. VS.. Major. Putnam
c. c. Motion to dismiss postponed until
final hearing
1872 Conner VS.. Hayworth Pulaski c. c.
Appelloe's petition to file brief denied. -
1855. Drake BiddinSer. Fulton c. Z.
Set for oral argument Jan: g.
1850. State ex rel. VS. Walters ct al. Cass
c. c. Set for oral argument Jan. g.
pany VS.. Eads Lake c. c.. Appellee
granted thirty days additional time to file
4547. Mitchell VS. Miller. Miami G. G.
Appellee granted thirty days from date TO
file brief.
1854 Jordan VS.. G. r. & I. Railroad
Company. Jay c. C. Appellee granted 10
Feb to file brief
New Suits
4s7O. Annie E Taylor VS.. Edward Pat
ton ct al Montgomery c.: c: Trans
ferred from Supreme Court, No. 1883. APP,
pellees petition to advance and for oral
argument.
4e7l Joanna NJ. Lane Edward Patton
ct al. Montgomery c.. Transferred from
Supreme Court No. 1889. Appellees Pc
tition to advance and for oral argument
1872 Charles Z. Helvie ct al VS.. Arthur
A M'Kain. Delaware c.. c Record. AS
signment Of errors.
4s7s Raymond r. M'Daniel ct al. VS..
Cyrus Osborn ct al. Hendricks c. G. No
tice to Marion county. Affidavit OF nonresi-
dence
Minutes
1874 James S. Brown We. Reeves e. Co.
Bartholomew c. G.. Appellee's brief o.
454S. Republic Iron and Steel Company
VS.. Charles Berkes Lake c.. c. Appel
lants brief (S)