The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-14
HIGHER COURTS RECORD.
SUPREME COURT.

1880. Spriggs VS.. State ex rel. Jasper
c. G. Affirmed. Gillett J.-Where a board
of commissioners properly dismsses pro-
ceeding to establish a drain ii is proper
to tax the costs against the petitioners in
the proceeding, and the county may recover
such costs in an action upon the bond of
1878. Consolidated Stone Company VS..
Morgan. Monroe G. G. Affirmed. Bowling,
III. Where it is alleged that the owner of
a derrick used in stone quarry con-
structed the derrick IL Is chargeable with
knowledge of the manner In which II was
built and supported. and no further allega-
ton of knowledge of defects therein is
necessary. 2. Where a person allows coun-
sci to make comments to the jury which he
thinks is improper without objecting there
to he cannot thereafter ask relief on ac-
count thereof in a motion for a new trial.
3. Interrogatories to ascertain upon which
paragraph of complaint a jury returns a
verdict are not authorized by the statute
f. In an action for damages on account of
the wrongful killing of an employe the
amount of damages do not depend upon the
character or conduct Of one entitled to
share in the distribution.
1889 Whistler VS.. whistler Grant c. C.
Petition for leave to file supplemental brief
granted.
1870. The Northwestern Mutual Life In
surance Company VS.. William r. McKeen
ct al. Vigo c. c. Appellants reply brief Cs)
1871 The Northwestern Mutual Life In
c. c. Appellants reply brief 50
1889. Clinton Whistler VS.. David Whistler
ct al. Grant c. c. Appellants petition
1878. The Lafayette Indianapolis
Rapid Railway Company VS.. Charles +.
Butner ct al. Boone G. c.
APPELLATE COURT.
1905. Geiser. ETC.. Company VS.. Lee. Clay
c. c. Affirmed. Wiley, i'll. demurrer
to the evidence admits all the facts which
the evidence tends to prove and all such
differences as can reasonably be drawn
therefrom, and prevents the demurring
party from insisting upon the benefit Of
any evidence i'm his favor. 2. Where there
Is an adequate remedy at law equity will
not interfere and extraordinary remedies
cannot be invoked. 3. Where a legal remedy
exists against a part of joint debtors equity
will not extend relief to another of such
debtors. 4. Defects in pleadings cannot be
considered upon demurrer TO the evidence.
1868 Hedrick VS.. Robbins. Marion c. c.
Affirmed. Comstock, J.-Where the record
shows that the cause was fairly tried upon
its merits in the lower court and correct
1901. Hughes VS.. Hughes. Marion c. c.
Affirmed Roby. C. J.-When there is a
provision in a will about which the execu-
tor is doubtful and under which he may
soon be called upon TO proceed he is en-
titled to have a construction thereof.
47ls. Kniekereoeker Ice Company VS.;
leave granted to withdraw record.
New Suits
4752. Chicago. Indianapolis & Louisville
Railway Company VS.. Mary E. Wicker. ad-
minist-atrix. Greene G. G. Record. AS
signment of errors. In term. Bond.
4753 Southern Indiana Railway Company
VS.. Mary Moore. Lawrence c. G. Record.
Assignment of errors. In term. Bond.
Minutes
47ls Knickerbocker Ice Company VS..
George Gray. Laporte s. c. Appeal dis
| missed and leave granted TO withdraw
| record.
1872 Frederick Schneider ct al. vs.. Albert
| r Worm Marion s. G. Appeal dismissed
| and leave granted TO withdraw record
1857 Thomas f.. Ellison ct al. Charles
| w Translator, administrator. Allen c. G.
| Appellants brief g.
434l Mary p. Goiibart ct al. VS.. Herbert
| c. Sullivan, by his next friend Marion s.
C. Appellants waiver.
1916 Archibald NJ. Arbaugh ct al. VS..
lanes N. Sbreking Marion S. c. Appel
/ lants' brief Cd