The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-25
HIGHER COURTS RECORD.
SUPREME COURT.

1879. Hart VS.. ex. rel. Hite. Marion c.
G. Reversed. Hadley, il. Mandamus is
a special proceeding in which specific no.
tice to the defendant is provided, and the
issuance and delivery Of the statutory writ
to the defendant for his return answer
thereto is the exclusive mode of bringing a
defendant in to court in such action. 2. The
alternative writ in mandamus proceedings
is taken in the nature of a complaint in the
cause, and must show what is claimed,
and in itself, or in connection with the
complaint, petition affidavit on which il
Is based, and the facts stated must be
sufficient in law 10 entitle the party to the
writ. 3. In such an action the alternative
writ is inseparable from the complaint in
considering the sufficiency of the cause of
action. T. Where a party enters a special
appearance and files his objections to the
ruling he duly excerpts, a subsequent APP
pearance and answer in obedience to the
rule of the court is not an abandonment or
notification of his exception.
20S5. T. II. & l.. Ry. Co. VS.. Holmes.
Clinton c. c. Affirmed. Monks, J.-This
cause is affirmed upon the authority of ap-
pellant VS.. Salmon, No. 1905. decided at this
term.
1889. Whistler VS.. whistler Grant c. c.
Dismissed. Bowling. il. The assignment
of errors is the appellants complaint in
the appellate tribunal. 2 Where persons
sue or are sued in a representative or off,
cial capacity the rule that the full names
of the parties shall be set out in the as
signment of errors requires that they shall
such representatives or fiduciaries
Minutes
2O149 Della NJ. Studebaker VS.. The Board
of Commissioners of Wells county. Wells
C. C. Notices TO clerk and attorneys Of
2Ol51. George T. Jarvis, receiver, VS. Os-
car Hitch. Gibson c. c. Removed from
Appellate Court.
APPELLATE COURT.
1920 Jarvis VS.. Hitch. Gibson c. c.. Pc
tition to remove to Supreme Court granted.
1915. Haugh VS.. Smelser. Rush G. G. Pc
tition to remove to Supreme Court denied
1872. Union Traction Company VS.. Lowe.
Delaware c. c. Reversed. Henley, il.
A complaint seeking redress for willful
injury must aver that the injurious act
was purposely and Intentionally committed
with the intent willfully and purposely to
infiict the injury complained of, and such
complaint should be strictly construed. 2
The recital of evidence in a complaint based
or an alleged willful injury, which would
tend to prove that the defendant acted
with reckless disregard for the safety of
plaintiff and willingness to infiict the In
jury complained of does not help the
pleading. although upon the trial of the
uphold the allegation of willfulness.
1902 Ristine vs. Clements. Montgomery
c. c. Petition of town of Ladoga for a re-
hearing overruled.
476l Lafayette, ETC., Co. VS.. Bulner
Boone c. c. Petition for time TO file brief
in answer to the brief on cross-errors over
ruled.
1913 Kra1se VS.. Board of School Trus-
tees. Bartholomew c. G. Petition for re-
hearing overruled.
H2S Norton. etc. Co. VS.. Steele. Orange
c. c. Petition for leave to withdraw adj
dltional transcript and to file additional
brief granted
1865. Shepman VS.. Bushner. Jackson C.
c. Petition to advance overruled.
1919 Robards VS.. Indianapolis st. Ry. Co.
Marion C. c.. Appellant petition to remove
to Supreme Court.
Minutes
ABS. Harrison Collicott VS.. Lucy s. Allen.
Vanderburg s. c. Appellees brief (D on
petition.
4749 Jacob A. Cannon ct al VS. Andrew
Q. Castlenan. Porter c. c. Appellee's mo-
ton and notice to dismiss appellees'
4Sl9 Ezra E. Robards vs. The Indianapo-
lis Street-railway Company. Marion c. c.
Application of appellant 10 remove to Su-
preme Court o. Dissenting opinion by
Roby, j.
1872 Mary Hinshaw Hunt ct al vs. Eliza
Hinshaw, administrators. Randolph G. G.
Appellee's brief (S)
New Suits. -
1869. Francis NJ. Hornbeck ct al. vs.. State
tee. Greene c. c. Record Assignment of
errors. In term. Bond.
1870 Anna Il. Bryson ct al. VS.. George F.
Collmer guardian. Elkhart c. c. Record.
Assignment of errors a. Joinder. Assign
ment of cross-errors. Joinder and SUBJ
mitted by agreement.
4Sn Terre Haute Electric Company VS..
Anna NJ Kelley. Vigo c. c. Record. AS
signment of errors. In term Bond.
1872 Indianapolis Greenfield Rapid
Transit Company VS.. Thomas b. Derry.
Rush c. c. Record. Assignment of errors.
In