The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-29
HIGHER COURTS RECORD.
COURT.

2007s Mendenhall vs. Glass Co. Howard
c. c. Dismissed. Jordan. J.-Where the
diction of a justice of the peace and the
construction of a statute, etc., is not in
question, there is no appellate jurisdiction
In this court.
Advanced and ordered that all briefs be filed
within fifteen days.
1894 Adams Express Co. VS.. State. jack
son c. G. Rehearing denied.
1895 United States Express Co. VS.. State.
Jackson c. c. Rehearing denied.
1896 Adams Express Co, VS.. State. Jack
son G. c. Rehearing denied.
1887. Adams Express Co. VS.. State. Jack
son c. c. Rehearing denied.
2o111.. Parker VS.. State. Sullivan c. c..
Transferred to Appellate Court.
Minutes
2o15s Winfield T. Durbin ct al. VS.. the
Northwestern Scraper Company ct al. Della
ware c. c. Brief of appellee Flester
Nicely.
20l7l State of Indiana VS.. George Kratz-
man; Tippecanoee c: G: Appellee's brief 81
Fowler Chase VS. Joseph M. Raff Original
action. Petitioners brief 90 on demurrer.
1880 Henry w. Mordhurst VS.. the Fort
Wayne & Southwestern Traction Company.
Allen C. c. Petition and affidavit of F. E..
Gavin to file brief granted and brief to be
filed on or before Nov. IA, 1903.
APPELLATE COURT.
4555. City of Linton VS.. Smith. Greene
G. G. Affirmed Roby; il In charging a
ton of a sidewalk, it is sufficient to allege
that the city had notice of the dangerous
condition thereof for long time prior to
account thereof. 2. NoIIce is not con-
clusion, but an ultimate fact. 8. new trial
will not be granted account of newly
discovered cumulative evidence.
1901. Parkhurst VS.. Swift. Madison 8. G.
Affirmed. Black, il. The mere fact that a
superintendent of work In factory per-
forms manual labor along with the other
employees does not render him any the
less superintendent or sole representative
of the master. 2. master Is responsible
for the failure of his superintendent to
provide a safe place for employees to work.
3. In an action for damages on account of a
personal injury, plaintiff need not plead
want of contributory negligence.
4437. Grand Lodge VS.. Marshall. Wander
burg S. c. Reversed. Wiley, III. Mem
bers of a benevolent fraternal association
are bound by and must be held to knowl-
edge of its constitution and bylaws. 2. If
by the bylaws of such association nom
payment of an assessment operates as a
forfeiture, the member must elect every
time he is called upon to pay an assess
time or suffer the penalty Of loss of mem
bership and to benefits by neglecting or
refusing to pay within the time:
1920. Howe VS.. White. Allen G. c. Re-
5O3s. c. & E. R. R. Co. VS.. Lain. Full
ton C. c. Leave granted appellee to file
brief.
Minutes
1894. Indianapolis Street-railway Com
pany VS.. Charles z. Taylor. Hancock G. c.
Appellee's brief (S)
4S44. George l.. Roby VS.. Board of Com
missioners Benton county. Benton G. G..
Appellee's petition and notice for leave to
file brief.
494l. Moses F. Dunet VS.. City of Bloom
ington. Lawrence c. c. Appellants dis
1884. p, c., c. & ST. L. Railway Company
VS. David Brough. Porter c. c. APP
1919. William NJ. Covault VS.. Nancy San
ders. Wells c. C. Appellee's brief g.
New Suits
$780, William r. Raborn VS.. Jesse Woods
ct al Madison 8. c. Record. Assignment
of errors. Notice to Hamilton county. APP
pellant's brief S)
50S6. John ]. Parker VS.. State of Indiana.
Sullivan c. c. Transferred from Supreme
Court No. 20111.
5037. The New American Oil and Mining
Company VS. Lucy NJ. Trayer ct al. Grant
G. c. Record. Assignment of errors. Sepa-
rate assignment of errors (2)
50SS. The New American Oil and Mining
Company ct al. Solomon Wolff ct al.
Grant c. c. Record. Assignment of errors.
Separate assignment of errors
5O39. Frank r. Taylor VS.. School Town
of Petersburg. Pike c. C. Record. AS
signment of errors. Notice.