The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-22
HIGHER COURTS, RECORD.
SUPREME COURT.

2os6s. Klein VS.. Gravel Company. Gibson
c. c. Reversed. Jordan. il. The object OF
the statute under which transfers from the
Appellate to the Supreme Court are author
ized upon application of the losing party Is
10 enable the Supreme Court, when neces-
sary, TO control the statements or declara-
tions Of legal principles contained in the
opinion of the Appellate Court in the par
ticular case. ,. In adopting and concurr1ng
IN the report OF a city engineer in the max
ing OF a street Improvement the Common
Council makes the estimate or assessment
therein reported by the engineer its own
assesstent and IL must be considered the
act oftthe CommOa Council. g. The Com
mon Council. in the matter of street i'm
provement cannot arbitrarily fix a taxing
district other than that prescribed by the
statute. l. The fact that part In Width
only OF a roadway OF a street Is improved
does not exempt from the assessment OF
benefits abutting property merely because
1t does not Immediately border on the i'm
proved strip.
20sss Caste VS.. Eigman. Dubois c. c. At
frmed. Bowling, il. Where no objection
Is made TO an order of court in dismissing
an action, and no motion for a trial or
10 set aside the order OF dismissal is made
the party against whom the dismissal was
ordered cannot question the correctness of
the rulings of the trial court in dismissing
the action rendering judgment against him
for costs. 2 Where judgment is rendered
for "all costs herein expended, with no
mention OF the amount, il means such costs
as were authorized by law.
2026e. Valparaiso City Water Company VS..
CITY or NGsYdfdlsO. Lake Y. =. Ordl aISu-
ment May IL, 1904.
Minute
20si c.. l. & e. Railway Company VS..
wysor Land Company. Appellee's brief on
petition filed CS)
APPELLATE COURT.
Ass Leonard VS.. Wood. Owen c. c. At
firmed. Roby. il. Where a line run by a
surveyor Is merely the meander line of
river, a conveyance bounded by the line as
run Is a conveyance bounded by the river
and land made by accretion belongs 10 the
through such conveyance, but If such sur
vey line is an independent one a convey
ance with reference TO the line would not
extend title beyond IL. = Where the evil
dence Is conflicting upon question OF fact
this court will not determine the preponder-
ance.
4707. Echelbarger vs.. Plate Glass Com
pany. Howard c. c. Reversed. Black, j.
Reversed upon the authority OF Hancock
VS. Appellee, decided by the Supreme Court.
Feb. 16 1904.
472i Curless vs. Plate Glass Co. Howard
c. c. Reversed. Black. J.-Reversed upon
the authority of Hancock VS.. Appellee, de-
cided by the Supreme Court Feb. 16 1904.
$500 C, g. G. X St l.. Ry. Co. vs.. Os-
good. administrator. Marion 8. G. Re-
versed. Wiley, p. Ill. An action for the
death Of person cannot be maintained
where the sole benefciaries are aliens 3 In
order 20 recover under Section 30. Burns
1901. the plaintiff must bring himself with
I'm its provisions 3 The right TO recover
AAI4aSto III AteASh VI a HdAhcH btifiS
IS purely statutory, and the statute giving
the right must be strictly construed.
Minutes
5059. Percy Matthews Stone Company VS..
George w. Speer. administrator Appel
lants appeal for correction of record
El00. Ohio Farmers Mutual Insurance
Company VS.. Henry Vogel. Appellee's pc
titional for additional time granted for thir-
~ days.
500. American Telephone and Telegraph
Company vs. John W. Green. Appelle.-s
brief 81 =