The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-24
JOURNAL BUSINESS DIRECTORY
C. c. Record. Assignment of errors. II
term. Bond.
APPELLATE COURT.


1915. Corner VS. Board of Commissioners
Morgan c. G. Reversed. Roby, il A per-
son who holds the office of county clerk re-
ceiving a salary for his services in that
capacity, is not thereby precluded from re-
covering upon contracts made by him
officially and with regard to matters which
are not included in his duties as SUCH
official. 2. A county clerk is entitled to
his per diem salary for attending court.
464S. Balph VS.. Magaw. Upton. C. C.
Affirmed Robinson, J.-Where there is
mistrial it is the duty of the court to grant
a new trial, and the courts conclusion that
a sufficient showing for a new trial has
it can be said some showing was made.
1866 Miller VS.. Wayne. etc. Association.
Henry c. c. Affirmed. Black, III. When
a pleading is founded on a written instru-
ment the original or a copy thereof must
be filed with the pleading; but if the instru-
ment be contained in the body of the plead
ing it is sufficient and it need not be ap-
pended to the complaint otherwise fur
Their exhibited And when such instrument
is referred to in the pleading it becomes
part thereof, and in determining the suf-
ficiency of the pleading such written in
strument is regarded and treated as COM
posing a part thereof and speaks for itself
and it is not incumbent upon the pleader to
state the substance thereof. 2. In case of
nonpayment of installments upon building
and loan stock, or interest or premium, by
borrowing stockholders, for three months,
payment of principal, premium and interest
without deducting the premium or interest
paid) may be enforced by proceedings on
their securities according to law. 3. 1t is
permissible TO refer, in a bill of exceptions
containing the evidence to an item of writ
ten evidence, elsewhere properly in the rec
ord without it setting forth in the bill.
1891 McCleary Chapman. kosciusko
C. G. Transfer denied.
Minutes
1912. James Mercer VS.: John H. Coomler
ct al Howard S. c. Appellants petition
to transfer to Supreme Court.
1923 Union Central Life Insurance Com
Emma & lSOURhmiller
c. Appellants brief C0 on petition for re-
hearing.
smith Jennings c. c. Appellants an
swer TO motion to dismiss, motion and no.
tice to annul brief, to assignment of sep
arate TO nnort of ot6 OF
5O7S Bedford Quarries Company VS.
James F. Turner. Lawrence c. c. APP
pellant's brief go
5O75. Indiana Natural Gas and Oil Com
pellant's brief CS)
1894 The Capitol National Bank VS.. A.
G: Wilkerson. trustee. in bankruptcy. etc
5000 Indianapolis Street Railway Com
pany VS.. Joseph Searley. Shelby c. C. APP
1862. Dean Bros Steam Pump Works VS..
William T. Griffin. Morgan c. c. Appel
lees additional authorities 80
5O40. indianapolis Street Railway Com
pany vs.. Luke Kane Hancock c. c. APP
1889 Indiana Baptist Publishing Com
pany VS.. F. Wayland Aver ct al Marion
! S. c. Appellees' brief 80
1857. John w. Atkinson VS.. State of In
| diana. Jay c. c. Appellants petition for
| additional time Granted thirty days.
5126. Emery Hudelson ct al VS. Lin
naeus Lee Hudelson ct al. Henry c. c.
| Bond.
| $3.50 Douglas Dollam VS.. estate of Belle
/ ID. Stockwell. deceased. Vanderburg c. G
/ Praecipe. Notice.
RULINGS
1915 William A Conner VS.. Board of
! Commissioners Of Morgan county. Johnson
/ c. c. Reversed. Roby. j.
/ 1915 James Balph ct al VS. Theophilus
Magaw, guardian, ct al Upton G. c. AZ
/ firmed. Robinson, j.
1856 Jack Miller ct al. VS.. Wayne Inter-
national Building and Loan Association.
/ Henry c. c. Affirmed Black. J.
1912 James Mercer VS.. John II. Coomler.
Howard S. c. Appellants petition to re-
move to S. c.
4T9l John c. McCleary VS.. Silas W.
/ Chapman Ct al. trustees. kOsciuskO C.. C..
Petition TO remove to S. c. Denied.
| New Suit
| $751; Bostock-Fcrari Amusement Com
| pany US. Otto Brocksmth. Sullivan c. G.
| Record assignment OF errors. Notice. Knox
c. G.. Appellants brief g.