The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-15

judgment on the weight of the evidence
20262. Cannon VS.. Castleman. Starke I; =:
Affirmed. Gillett, c. IA party agalns.
whom a cause Of action is alleged cannot
deliberately withhold a direct defense there
to and afterwards recover in an action
which involves an inquiry into the correct
ness of the original Judgment
a146. Gray VS.. Lutz. Brown {. {: Al
frmed. Bowling, il Section 3, ArucIe =
of the State Constitution applies onIy TO
bribes, threats, or rewards, given or offered
to secure the election of a candidate at a
final or popular election and not to a pri-
mary election. 2. 4 complaint seeking TO
disqualify a person from holding office on
account of violation of Section 1927, Burns,
1901. in procuring the nomination for the
office, should show that such person mas
been adjudged guilty OF a violation OF us
2Oi25. Goldsburg VS.. Ohio, etc. Gas Com
pany. Blackboard c.. c. Petition for re-
hearing overruled.
Minutes
1874. State. ex rel. William r. Moore, VS..
the Board of Commissioner of Clinton
county. Montgomery c. c.. Appellee's adj
ditional authorities G) on rehearlng:
20l67. William Partner VS.. the Citizens
Loan and Trust Company. Boone {. Z. Pc
tition granted thirty days.
20176. Winfield s. Sewers ct al. VS.. Cincin-
natl, Richmond & Muncie Railroad ct al.
Miami c. c. Assignment of cross errors by
appellee, Cincinnati, Richmond & Muncie
Railroad. Brief of appellee, Cincinnati,
Richmond & Muncie Railroad @).
New Case
2O2S5. Henry c. Sellers VS.. James A. Hayes
ct al. Upton c.. c. Transferred from APP
pellate Court. No. 1910.
APPELLATE COURT.
SOFA. Russell VS.. State of Indiana. /. Ma
licious motives cannot make that wrong
which in its own essence is lawful. 2.
A public nuisance Is that which annoys
such part of the public as necessarily come
in contact with it. 3. Private nuisances are
injuries that result from the Violation OF
private rights and produce damages to
but one or few persons. 4. Motives of NAL
ice in a crimina prosecution for common
nuisance are immaterial. .. a spite
fence erected by one land owner upon his
premises near the premises of another is
not a violation of Section 2154. Burns. 1901.
1868. City of Michawaka VS.. Kirby. St.
Joseph c. C. Affirmed. Black, J.-Where
a temporary walk is prepared upon a street
crossing a person has the right TO go upon
such crossing by exercising the care to be
reasonably expected of an ordinarily pru-
dent person under the circumstances
1916. Ashley VS.. Henderson. Marion S. G.
Dismissed. Per constitute an
appeal after term, notice to the appellee
is Indispensable TO the effectiveness of the
appeal.
44S6. c.. & E. 1. Railroad Company VS..
Syster. Clay c. c. Reversed. Roby, j
While courts are slow to grant new trials
on account of newly discovered evidence,
vet where it is shown that a party has done
all he could have done to procure such evil
dence and since the trial of the case has
found evidence winch relates 10 an lnue-
pendent. distinct and material fact, and not
cumulative, a new trial should be granted.
1910. Sellers VS.. Hayes. Upton c. c.
Transferred to Supreme Court.
4479. Pitzele VS.. Reuping. Lake S. c. Pc
tition for rehearing overruled.
500. c., r. & NJ. Railroad VS.. Miller. Mi
ami c. c. Appellant granted additional
time.
SOIL. c.. r. & NJ. Railroad VS.. Crowl.
Miami c.. c. Same.
1912. Southern Indiana Railway Company
- I~s-, ron - - Ennan
conner. Miami c. C. Appellants petition
to remove to Supreme Court.
Minutes
1856. George r. Avery VS.. the Nordyke &
Marmon Company. Marion S. G.. Appel
472S. The Nordyke & Marmon Company
VS.. Augustine l.. Fitzpatrick. Greene C.. C..
Appellants reply brief on motion to dis
miss ().
1859. Indiana Baptist Publishing Com
pany VS.. F. Wayland Aver ct al. Marion
S. C. Appellants motion for additional
time. Granted ten days.
1898. Elizabeth l. Tappen ct al VS.. Allen
B. Eshelman ct al. Madison S. c. Appel
ass. City of New Albany VS.. Joseph sites.
Floyd c. c. Appellants brief 90.
4971. New York. Chicago & st. Louis
Railway Company VS.. Mary A. Martin. Full
ton c. c. Appellee's brief 81. Appellee's pc
tition for oral argument.
1912. Southern Indiana Railway Company
VS.. Andrew j. Fire. Lawrence c. G. Appel
lant's petition for additional time. Granted
twenty-five days.
5Ol1. Cincinnati, Richmond & Muncie Rail-
way VS.. Edith j. Crowl ct al. Miami g. G.
Appellants petition for additional time.
Granted sixty days.
solo. Cincinnati. ichm & Muncie Rail-
way VS.. Matilda l.. Miller. Miami G. G..
Appellants petition for additional time.
Granted sixty days from date.
1854. Upton Light, Heat and Power Com
panv VS.. Izora J. Newcomer. Miami c. C..
Appellants petition to remove 10 Supreme
Court and brief (S).
1860. Frank s. Paul VS.. the Baltimore &
Ohio Railroad Company. Steuben {. G. APP
pelIee's additional authorities 90.