The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-04
HIGHER COURTS RECORD.
SUPREME COURT.

1894 Laakermann VS.. Pritchard. Johnson
c. C. Affirmed. Gillett. jim foreclosing
a lien for the construction of sidewalk,
under acts 1879, p. 237, the complaint should
show that the Common Council of the city,
under whose authority the Improvement
was made, has made the assessment pro-
vided in Section of said act.
2OOO5. Indiana Ry Co. VS.. Maurer. st.
Joseph C. c. Reversed. Hadley, G.. j.
1. This court can indulge no presumption
against general verdict. 2. One who does
an act under an impulse. or upon belief,
created by sudden danger attributable TO
anothers negligence, is not to be regarded
as guilty of contributory fault, even though
the act would be regarded as negligent If
eating such peril. 8. When a party admits
that an absent witness will testify to GER
tain facts set out in an affidavit for con-
tinuance, such admission does not embrace
the conclusions which the witness might
draw from the facts testified to, and Whlch
he would not be permitted TO state II tes-
tifying before the court, and 1t Is proper
for the court to withhold all conclusions
from the jury, it is the province of the
jury to draw the conclusions and not the
witnesses. A. In permitting leading ques-
tons to be put to Il witness the court Is
TO be controlled by circumstances OF age
understanding and manner of the witness
.. Complaints of pain from an INJURY, 10 one
not the attending physician at time SO
not to be a part of the ris gesta is adj
MISSILE in action TO recover therefor. o.
Instructions TO jury must be confined TO
the issues. Z. In directing the jury as TO
the rules of law that should guide ii in
reaching a verdict, the court must avoid
leading it away from the issue made by the
pleadings, and into giving effect to facts
not in the case.
1922. Lake. etc. Co VS.. Walsh. Lake
s. C. Petition for rehearing overruled.
1892. Nichols VS.. Il. & .. 3. w. Ky. Co.
Lawrence 4. c. Motion to require clerk to
correct certificate granted.
2OO52. Scott VS.. City of Goshen Elkhdrl
G.. C. Petition TO advance denied.
2OO54. Harris VS.. p, c., c. & ST. L. Ry.
Co. Clark c. c. Petition to transfer TO
Appellate Court granted.
Minutes
2OO52 John F. Scott VS.. The City of
Goshen ct al. Elkhart c. c. Petition to
advance denied.
20076. State ex rel. John Brooking VS..
James c. Branyan. Huntington G. G..
Amended complaint.
APPELLATE COURT.
1924 Hart VS. Hilderbrandt. Cass c. C..
Reversed. Robinson, il. complaint to
enjoin person from using private alley
must show that unless the injunctive relief
is granted plaintiff will suffer great injury,
which allegation must be supported by
proof 2. By complying with Sections 5'46 TO
57i9, both inclusive, Burns 1901. future ac-
QUESTION of an easement through adverse
use may be prevented without resorting TO
the remedy by injunction.
1850 State rel Graham VS.. Walters.
Cass c. c. Affirmed. Black, P. IA cause
of action against county recorder, upon
his official bond, on account of his record
ing an instrument incorrectly, accrues i'm
mediately when the instrument is recorded
incorrectly.
1905 Leach VS.. Williams. Johnson c. c.
Reversed. Wiley. il. a father Is charge
able with the care, support and mantle
nance of his minor child. which includes
necessary medical attendance.
1896 Coulter vs.. Bradley. Clinton c. c.
Reversed. Henley, i'm a proceeding 10
compel the payment of "A general legacy
the complaint should show that there IS
i'm the hands of the executors property
which can be applied to the payment OF the
legacy claimed.
1864 Rariden VS. Mason. White c. {.
Petition for rehearing overruled.
1910 Winters Coons. Randolph Z. Z.
Appellees granted time until Feb. 20, 1903.
New Case
AIS. Lloyd Harris VS.. p, c., c. d ST l..
Railway Company. Clark c. {. Trans
ferred from Superior Court. No. 2OOo4
Minutes
1884 Jefferson township. Boone county,
VS.. Henry Adam. sr- Boone c. c. Appel
lant's brief (s).
464l The Edmunds Electric Construction
Company VS.. Horace Mariotte. Allen 5.
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