5856. Indiana Trust Company (Indianapolis, IN)

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Howard C. C. Petition of appellant to consolidate briefs granted. 19260. Stewart vs. Marion Trust Company. Marion C. C. Cause advanced. 19243. Harlow VS. National Bank. Jackson C. C. Publication ordered and issued. 18754. Martz vs. Cook. Montgomery C. C. Transferred to Appellate Court. APPELLATE COURT. 3080. Williams vs. Resener. Marion S. C. Affirmed. Henley, J.-1. It is the duty of a trial court to direct a verdict in cases where there is an entire failure of proof as to any material fact the establishing of which is necessary to the cause or defense. 2. A judge should not submit a question to the jury where their verdict, if contrary to his views of the evidence and its legal effect, would be set aside as against the law and the evidence. 3. When a child, after reaching majority, resides with the parent as a member of the family and renders services for the parent the law does not imply an obligation to pay for such services, but presumes that no compensation as wages is intended. An express contract to pay will render the parent liable, and an implied contract to pay a reasonable compensation may be inferred from facts and circumstances which tend to rebut the presumption arising from such relation. 2922. Stout VS. Price. Rush C. C. Petition for rehearing overruled per curiam. A debtor may claim his exemption at any time before sale. 3070. Lebanon National Bank vs. School Township. Boone C. C. Affirmed. Comstock, J.-1. A claim against a township for money loaned can only be enforced by showing among other facts the existence of the necessity for borrowing. 2. Where a new trial is had after an appeal and the cause of action in the second trial is the same the decision upon the former appeal is the law of the case. 3054. Flint, etc., Manufacturing Company vs. Kerr, etc., Manufacturing Company. Allen C. C. Reversed. Black, J.-1. When a guaranty by a corporation is not given for accommodation but partially for the benefit of the guarantor after the performance of the contract such corporation will not be heard to say that its guaranty was ultra vires. 2. Whatever right there may be to recover from the corporation what it may have received by way of indemnity, upon its failure to perform a void contract it would seem that the giving of indemnity would not vitiate the contract. 3195. Boice vs. Rabb. Marion C. C. Petition for rehearing overruled. 3043. Wolf vs. Graber. Marion S. C. Dismissed. 3310. Dunnington vs. Syfers. Hendricks C. C. Motion to transfer to Supreme Court sustained. 3101. Board of Commissioners vs. National Bank. Morgan C. C. Motion to advance overruled. 3393. Supreme Court of Honor vs. Sullivan. Vanderburg S. C. Petition to advance overruled. SUPERIOR COURT. Room 1-James I. Baker, Judge Pro Tem. Emma Schroyer vs. City of Indianapolis; damages. On trial by jury. Charles F. Smith, administrator, VS. C., C., C. & St. L. Railway Company; damages. Plaintiff withdraws motion for a new trial on defendant's motion. Judgment on verdict for the defendant. Judgment against plaintiff for costs. Room 2-James M. Leathers, Judge. Wm. H. Wishard VS. George Harness et al.; account and note. On trial by court. Room 3-Vinson Carter, Judge. James P. Quick vs. John Tharter et al.; mechanic's lien. Finding for defendant. Judgment against plaintiff for costs. German-American Building Association vs. Joseph T. Gist et al.; foreclosure. Dismissed and costs paid. Les. Sutton vs. Milton R. Vest; foreclosure. Finding and judgment against defendant for $63.52 and costs. Decree of foreclosure. Jessie M. Overman VS. Harry W. Overman et al.; support. Dismissed at cost of defendant. Judgment against defendant for costs. John M. Bole vs. Walter R. Beard; appeal. Dismissed for want of prosecution. Judgment against plaintiff for costs. O: C. Myers vs. Louise Beine; mechanic's lien. Dismissed and costs paid. Wm. C. Maffit vs. Louise Beine: mechanic's lien. Dismissed and costs paid. Eddy-Webster Company vs. Frank G. Volz; note. Dismissed by plaintiff. Judgment against plaintiff for costs. Flora A. Adams, administratrix, vs. John W. Courtney. Dismissed. Judgment against plaintiff for costs. The Marion Bond Company vs. Georgiana Smith et al.; lien. Finding due $203.80 on Lot 1: finding due $203.80 on Lot 2; finding due $203.80 on Lot 3. Decree of foreclosure. CIRCUIT COURT. Henry Clay Allen, Judge. Kate Sheehan et al. vs. Hannah May Finn et al.; partition. Finding for defendants on complaint and for defendant Hannah May Finn on cross-complaint. Judgment quieting title in Hannah May Finn and that each party pay their own costs. Delphina Compton vs. Catherine Minch; slander. Dismissed for want of prosecution. Judgment against plaintiff for costs. Karl Haupt vs. Indianapolis Planing Mill Company; for receiver. Appointment of temporary receiver waived. Cause submitted for final hearing. Evidence heard. Indiana Trust Company appointed receiver, and by John A. Butler, secretary, accepts trust. David Robinson vs. Indianapolis Streetrailway Company; damages. Submitted to jury. Evidence heard in part. CRIMINAL COURT. Fremont Alford, Judge. Isaac A. Samuels; doing business without license. Defendant arraigned. Plea of guilty. Fine, $5. Calvin I. Fletcher; attempting criminal operation. Trial resumed. Jury sworn. Evidence. NEW SUITS FILED. Charles E. Murphy VS. Delia Murphy; divorce. Superior Court, Room 3. The J. F. Darmody Company vs. The Columbian Peanut Company et al.; contract. Superior Court, Room 1. Mary Farran vs. George Farran; divorce. Circuit Court. Sarah J. McKibbon vs. James S. McKibbon; divorce. Circuit Court. Edwin Jones vs. Joseph M. Hanslmair and Cora Hanslmair: action for recovery of money and to set aside conveyance. Charles B. Selvage vs. Anna C. Selvage; divorce. Superior Court, Room 3. Elizabeth Martin vs. Archibald D. Martin: divorce and alimony. Demand. $1,500.