The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-18
HIGHER COURTS RECORD.
SUPREME COURT

1884; Security etc; Association vs.. Lee.
/ BY ayerring that plaintiff fully per.
Section S7s, Burns, 1901. governing the
pleading Of performance of a condition
precedent in contract is sufficiently COM
to comply with Clause Of Rule % of this
court he is not In position to challenge
the sufficiency OF the evidence to sustain
the findings in fact and law.
2DO32. Goode VS.. Elwood Lodge K of p
Madison s. c. Affirmed. Hadley, G.. il.
A trustee in bankruptcy will not be per-
m ,,nafe under the s guise Of, an unlawful
estate, as assets. property that never be-
longed to II, and to which the bankrupt
had no claim A wife may legally pay
not be adjudged fraudulent as against his
creditors. g. 1t is not reversible errer to
override a demurrer to an answer, if it is
insufficient. when the matters pleaded
therein can be proved under the general
denial which forms a separate paragraph
Of answer. =: Where the evidence given at
jury may justifably draw from it, is in
sufficient to support verdict for the
plaintiff. so that such verdict, if returned,
should be set aside, the court is not bound
to submit the case to the jury, but may d.
rect verdict for the defendant.
a0o5S. Cordes VS.. Battorff. Jackson c. c.
Motion to dismiss sustained.
1882. Seller VS.. State ex rel De Kalb
c. c. Leave granted to file brief in sup
port of petition for rehearing.
1929. Seton VS.. Board of Commissioners.
2oOs7. Kersey VS.. City of Terre Haute.
vigo c. c. Petition for restraining order
424O Turner VS. Heimberg. Porter c. c..
Petition to transfer denied.
Minutes
10000. Samuel NJ. Kerr. auditor, VS.. Perry
School Township. Monroe c. c. APP
pellant's brief (s)
Harry j. Eyer. Delaware c. c. Appellee
additional authorities S)
20o63. Frank NJ. Tomlinson VS. George w.
Bainaka ct al Marion s. c. Appellants
aoO6s. Frank L. Lands ct al VS.. State ex
rel. Smith c. Matson. prosecuting attor-
ney. Putnam c. C. Appellants brief (s)
Board of Commissioners. De Kalb c. c.
Leave granted W. A. Ketcham TO file brief.
Brief G) OF Ketcham ct al. in support of
petition.
New Suit
2Oces. Melancthon W. Halferty ct al. VS..
Charles Gerstmeyer ct al. Vigo S. c. APP
pellants' motion for temporary restraining
order Aftdavits in support of motion.
APPELLATE COURT.
4g7l. Knerr vs.. Mcdonald. vanderburg
c. c. Dismissed. Roby.. c. jim a pro-
ceeding upon a petition OF an administrator
10 sell real estate TO pay debts OF his de-
cedent, against which there are eross-com-
4
what disposition was made OF the case in
the trial court TO give this court jurisdiction
upon appeal.
1874. Horne. etc, Power Company VS..
Collins. Elkhart c. G. Reversed. Black,
p. IA corporation is not liable for fraud
for the act OF some OF its stockholders
failing 10 deliver stock which they con-
tracted to sell and upon which the pur-
chaser paid some money at the time OF
making the contract of purchase.
1855. Statesman VS.. Statesman. Elkhart
C c. Affirmed. Robinson. il By statute
every charge OF adultery by a person
against a female Is actionable 2. In an
action for SANDER IL is sufficient 10 state.
generally. that the dcfamatory matter was
spoken OF the plaintiff 3. Words when
are not actionabie in themselves cannot be
rendered so by innuendo without an aver
ment of extrinsic facts which make them
slanderous. but where such averment is
properly made they may be actionable.
f234 Transfer Company VS.. krug. Ma
rion c. c. Petition for rehearing over
ruled.
-Minutes.-
1874. Frank Bird Transfer Company ct
al VS.. Mary A. Krug. Marion c. {. Petit
ton for rehearing oyerruied