The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-17
HIGHER COURTS RECORD.
SUPREME COURT.

202A. Hancock VS.. Glass Company. How
ard S. c.. Reversed Hadley, J.-Where
land is leased for the purpose of exploring
for natural gas and it is provided that the
contract shall be deemed to commence at,
and run from the date of signing thereof,
and shall be deemed to have terminated
generally for manufacturing purposes, or
whenever the second party (the gas COM
pany) or their assigns, shall fail to pay or
render the rental price within
sixty days of the date of its becoming due.
Held, that said contract was a continuing
one and in the absence OF a forfeiture or
surrender on the part of the lessor the
lessee is bound to pay the rent stipulated,
and that a naked default on the part of
the lessee to perform his obligation will
not discharge it.
1888. Whistler VS.. Whistler. Grant c. G..
Petition to reinstate overruled. Jordan,
il. In appeals to this court the GER
titled transcript or the record imports upon
its face absolute verify, and statements of
parties or their counsel whether verified or
unveriied are not available TO dispute the
record, or to supply any matter not therein
disclosed. 2. In an action where an eXecu-
tor is a party defendant and is defaulted
before the beginning of the trial and an
appeal is taken by plaintiff from the judg-
ment rendered such executor must be made
a party appellee in his judiciary capacity.
2O167. Partner VS.. Loan and Trust Com
pany. Boone c. c.. Transferred to Appellate
Court.
9Ol79. Mary L. Meyers ct al. VS.. George
f. Manlove. Fayette c. C. Appellee's brief
20205. Moses Fowler Chase VS.. Frederick
S. Chase. Benton c. c.. Appellants peti-
ton for order as to record. etc.
Rulings
1889. Clinton Whistler VS.. David Whist
Ter ct al. Grant CO Petition to reinstate
appeal overruled. jordan, j.
2624l. Anna E. Hancock ct al. VS.. Dia-
mond Plate Glass Company ct al. Howard
S. c. Reversed Hadley, j.
2O167. William Partner VS.. The Citizens
Loan and Trust Company. Boone c. c.
Transferred TO Appellate Court.
APPELLATE COURT.
5O57. Rutherford VS.. Prudential Insurance
Company. Perry c.. c. Motion to dismiss
o%verruled. Wiley, p. il. The act of
March 9, 1903 (Acts 1903. 7. 1881 concerning
proceedings in civil procedure did not re-
peal Section 661, Burns. 1901. 3. Where it
affirmatively appears from the record and
also from the certificate of the clerk. that
ings, the rulings thereon, the judgment.
etc, a motion to dismiss the appeal on the
ground that no praecipe was given there
for, will be overruled although there was
no written directions to the clerk 10 make
and certify a transcript of the proceedings
below.
Reversed Roby, J.-Where a person
about TO cross the tracks of a street rail-
way saw the car coming and knew that it
was likely TO strike him IL he attempted
TO cross. hesitated and then concluded to
cross by being influenced by a compan-
ion and was injured by the approaching
car in the attempt he was guilty of negli-
gence contributing to his injury.
ais. Harris vs.. p, G, G. & st. L. Rail-
way Company. Clark c. c. Oral argument
March 9. 1904.
5O26. Earring vs.. National Bank. John
son G. G.. Appellee granted thirty DAVIS
extension of time.
1888. Miller VS.. Julian. Cass c. c. Leave
TO file brief denied appellee.
1850. Whitsell VS.. Stricken. Hancock c..
c.. Leave denied appellant to file reply
brief.
sou. City Of Frankfort VS.. Irwin. Ham