The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-25
CIRCUIT COURT.
Henry Clay Allen. Judge
HIGHER COURTS RECORD.
SUPREME COURT.

1908. JOYCE VS.. Everson Hancock c. c. At
the body is an extraoreinsry civil remedy. and
can be invoked only in cases where the ordi-
nary execution against property is shown to be
And In such case the court has no authority to
.mprison female 2. Where person has
possession Of property belonging to q judgment
debtor. refusing 10 surrender possession there
CT to the proper officer upon order Of court. she
may be attached for contempt AID committed to
Jail. 3. female may be imprisoned for con-
s65s. Board OF Commissioners VS.. Carly
whitley c. c. Reversed. Jordan. Ill. Re-
Is net proveG BY the courts 2 Two or more
acts OF the Legislature on the same subject
may be permitted 90 stand: and the court will
adopt that construction which under the partic-
.uiar circumstances In the case Will permit both
laws stand and be operative. 8. The limita-
lions in the act Of lsss fixing the per diem of
employed. and the time which he may be en-
ployed was not changed by the act OF 1893.
2013L Russell state OF Indiana Marion
c. c. Transferred 20 Appellate Court. Giiiett'
{. il Jurisdiction Of an appeal from judg-
sance is In the Appellate Court.
2e071. Levin vs. Florsheim Co Vigo c. C AZ
frmed, Jordan. J.-By appointing a receiver
pendsnte lite the court does not thereby deter
OF the litigants to the property in controversy.
but takes IL IN control for the protection and
parties entitled thereto. Oh ''e
2OosT. ksrsey vs.; cry of Tsrre Haute vigo
power TO pass proper ordinances for the taxation
OF vehicles using the streets 2. The power TO
and IL Is not required that there should be such
exact exclusion and inclusion of the subjects
of taxation 10 meet fully the approval OF the
judicial mind as 10 what Is reasonable.
1870 Gas Trust Co Plate Glass Co. Mad
fson 5. C Affirmed Gillett. c. J.-Where a
railroad company enters upon land without color
OF title and fences OF a right OF way over the
protest OF the holders OF the record title and
occupies such right or way with railroad track
and telegraph poles without interruption and
hostile in character. for period Of thirty years
a gas company leaving the real estate over which
the railroad extends is charged with notice OF
whatever rights the railway company has al
though the latter interest in the land is no
more than an easement But railroad
company cannot authorize the drilling OF PAS
wells upon such right Of way so as TO interfere
with the rights OF the gas company under it's
lease. although IL may permit the LAYING of gas
mains in saie right OF way to conduct gas from
other territory.
2o15z. l. Z. w. Railroad Company vs.. Hol-
land Marion s c. Affirmed. Ea-iley Ii
Where a railroad company received carload Of
horses 20 be transported. and large hole was
broken IN the bottom OF the car on the tourney
through which portion OF the horses dropped
tome OF their feet and were injured. the railroad
company IL liable for the damages. 2 con-
tract qualifying the responsibility upon a carrier
BY the coEnrnon law must be supported By a VAL
naHe consideration apart from the mere &C.