The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-13
HIGHER COURTS RECORD.

20O65. Whitson VS.. state or indiana
Washington C. c. Reversed. Jordan. j.
An indictment which charges the defendant
with stealing five dollars of the personal
goods" etc. without adding the phrase
"in money" or "of the money" etc. is in
sufficient upon a motion to quash.
20117. Maxwell VS.. Wright. Steuben c. G.
Reversed. Hadley, c. i'll. Where a spe-
cial finding shows that the evidentiary
facts, and not the ultimate facts. have been
found. and 1t appears that such ev1dentiary
facts are SUFFICIENT to establish the ultimate
facts alleged in the complaint such a YER
dict or finding shows upon its face that 1t
is defective for failure to find the facts, and
venire de novo should be ordered. 2 And
when the jury fails to find for plaintiff, or
the parties. it is apparent from the verdict
that the jury stopped short of full de-
termination of the case, and the verdict is
defective eject and subject to a venire de novo.
1892. Bullock VS.. Robertson. Marion s.
G. Petition for rehearing overruled.
1872 Grey VS.. Liberinz. De Kalb c. c.
Petition for rehearing overruled.
1851. Wright VS.. Bertianx. Madison c.
c. Appellant petitions to modify mandate.
Minutes
2o1oe. Frank H. Keiser ct al vs. william
A. Mills ct al. Hamilton c. G.. Appellants
9o5l. The Baltimore & Ohio Railroad
company VS.. Town of Whiting. Lake G.
G. Appellee's petition to file brief
2Oo75. Martha E. Matlock eft al. VS.. Nellie
Lock ct al. Rush C. c. Appellees' brief (s.)
APPELLATE COURT.
1921. Mickey VS.. Zonker. Steuben c. C.
reversed. Henley. i'll In an action for
out counter-claim based upon a contract.
=. The materiality Of testimony is for the
court to decide. and It is error to instruct
Such question Is one of law.
4SSO. Mathews VS.. Wilson. Warrick c. c.
Aflirmed; Wiley III ID: In divorce pro.
and judgment for an indefinite allowance
for the maintenance OF the children and
no time or place Of payment fixed such
Judgment is not final and is not lien upon
the real estate OF the defendant g. Only
final judgments are liens upon real
tate. 3. An unexplained delay of over
eighteen years In seeking equitable re-
reference of court of equity in such mat
ter.
47s2. Hill VS.. 1. & V. r. r. Co. Morgan
c. C. Affirmed. Comstock, i'll Where a
joint assignment of error is made to differ
ent rulings the assignment must be good
as to all or 1t be insufficient for any. 2.
Reserving an exception TO the ruling of the
trial court Is step In taking an appeal.
If an exception is not taken the ruling of
the court cannot be successfully attacked
on appeal 3. A railroad track is a warn
use caution commensurate with his knowl-
edge. f. The negligence of railroad COM
pany does not excuse person from exer-
clsing due care in crossing its tracks. 5.
ing, that precludes a recovery the special
finding will control the judgment
4439. Mibourn VS.. State ex rel Milbourn.
Hancock c. c. Transferred to the Supreme
Court with recommendation that STAN
brough VS.. Scarborough co. Ind. 275. wherein
it holds that to show that a wife had to
out a case of abandonment by the husband
under the statute. be overruled
4647. Wigerly VS.. Evans. Warren c. c.
Dismissed.
~ n d d o.
c. c. Petition for additional, marginal
notes granted.
46S5. Hitchcock VS.. Casper. Noble c. c.
Motion to dismiss postponed until final
1854. Guaranty, etc.. Association vs.
Sinks Lake c. c. Appellee granted thirty
days from date to file brief.
1876. Union Traction Company VS.. Wand
ercook. Delaware G. G. Appellee granted
sixty days additional time 10 file brief.
Az Morton-keed. etc. Co. VS.. Steele
4sao. Johnson VS.. staley. Hancock c. c.
Appellant granted leave to amend assign
1882. peoples State Bank VS.. Ruxer.
Spencer (. c. Motion for postponement Of
oral argument overruled.
Minutes
1892. Peoples State Bank VS.. Frank X
Ruxer Spencer c. C. Appeflee's petition
to postpone oral argument.
i.si, Josiah s E; harris vs. Sarah E.
brief 49,
All. The Mutual Benefit Life Insurance
Company of Newark. n. j.; VS.: Alfred l.
Simpson, administrator. et al Montgomery
c. c. Appellants brief 49,
4647. Clara Wegerly VS.. Mary Evans
Warren c. c; Appellants dismissal.
1897. The Reserve Loan Life Insurance
Company VS.. Maria Hockett. Madison {.
c. Appellants reply b.ief tS.) Appellants
brief Cs) on motion to dismiss Appellants
petition for oral argument.
1925 c.. /. & L. Railway Company et al
VS. Marilda A. Martin. Administrative.
Green C. c. Appellee's motion. Notice and
brief (s) to dismiss petition TO transfer.
New Cases.
1890 The Town OF Greeneale VS.. Calvin
Smith ct al. Dearborn c. c. Record As
signment OF errors. IN term. Bond.