The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-22
RECORD OF THE COURTS.
Proceedings in the Various Courts of
Record Yesterday.
Full Abstract of the Opinions Rendered
by the Judges of the Supreme Court
Work in the Local Courts.
Supreme Court-June Ell.
Hon. William h. Niblack. Chief Justice.

Hon. William h. Niblack, Chief Justice.
GRowING CROP-PossEssIoN-CoNvERsION.
1852. Alexander Gordon VS.. Thomas j. Stock
dale. Elkhart c. {.
Morris, C.-Iu this cnse the jury found a spe-
clal verdict to the effect that appellee and one
Chapman, the owner of a farm, entered into an
agreement whereby appellee was to have one
halT or all the wheat sown and raised by him on
the farm and the right to the pOssessIsn of the
whole OF 1t until harvested, thresned and di-
vlued; that afterward the Chapmans sold the
farm to appellants, who had notice of the appel
lees rights; appellants refused him permission
TO harvest the wheat, but cut, threshed ana re-
talned iJ themselves. 1t was not expressly
found that appellee was the owner of the wheat,
nut the conclusion of law upon the facts so
FOUND Is that appellee owned one-half the wheat
and was entitled to harvest it. The taking pos
session OF the wheat and cutting and threshiuR
1t were acts of dominion wrongfully %exerted
over the property IN defiance of the rights of aD-
peliee, which amounted to a conversion of it.
Cooley Torts., section AS q n. H., 237; 25
w. 423J Judgment affirmed.
PRACTfcE-JUDGEs PRO rEMPoRE.
.lo,7Ol. Henry C. Adams VS.. George Gowan.
ZOllers, ~J.-Appellee was indicted for grand
larceny, and upon trial, before John $. Duncan.
Judge pro ten. OF the court, convicted aud sem
fenced to prison. He brought a habeas corpus
proceeding to OBTAIN his discharge, upon tue
ground that the appointments OF Duncan. being
made without notice to him and upon Judge
Heller's own motion, was Invalid, and that the
latter mad no authority TO make the appoint-
ment In tue manner and form adopted. QIes-
tions Identical in principle with those involved
In this case we're decided in the case of eX rel.
Chopper VS.. Murdoch, No. 1867, lasU term.
adversely to appellee. Judgment reversed.
NONRESIDENT PABTY--sERvICE OF NJ
I0,040. Thomas Wilson VS., Henry B. Donald
son. Montgomery {. @.
HOwk. ITO "a complaint for breach OF a Parol
contract. the defendant severed in abate-
ment that he was a resident of Ken
lucky, and was present in Montgomery
county as a witness in a former suit between
the same parties upon the same cause Of action.
which was dismissed by the plaintiff, and i'm
mediately relied aud process served upon him
before he could get out of the county on his re-
turn home. This answer was Insufficient. Per
Sons engaged In necessary attendance upon any
court are privileged from arrest on civil process,
but not FROM the service on them of an ordinary
summons. Under section 3i2, X. g., appellant
had a right to IN his action in the county
where the appellee was found, and to there Oh
tain service on him. t27 Conn, l,546i superior
Court rep, n. Y, Atlantic Telegraph Company
Us. Baltimore Railroad Company Judgment re-
versed.
LIFE INsCRANcB-REcovERy OF PREMIUMS.
9,617, Continental Life Insurance Company
We. Mary Huuser. VigO c. G..
Elliott, faction Oy appellee as the assignee
of II policy or insurance on the life of Louise
Hesse, to recover premiums paid during several
years to the appellant. The complaint alleged
that after the assignment appellants agents
always notified her of the time of payment of
the premiums, that on the 23rd day of April,
lSFS, she WIS ready to pay the prem
ium then due, and made dIligent search for
th6 agents at TerTe Haute, bnJ not finding
any, sent the premium next day to the agent AT
Indianapolis; that for the purpose of defraud-
ing her the company declared tine policy forfeit
ed for the non-payment of the premium. The
complaint does not aver performance OF the
conditions of the contract by the assured, and
for anything that appears the company may
have had "A right to forfeit the policy. If fraud
was relied on. the facts should have been
alleged. The policy was valid IN its inception,
and there was for a time a risk. In such a case
premiums cannot be recovered from the com
pany, bliss Life ms, 75O; May ms, secs. 567,
SOS, 569.J II the forfeiture was wrougfully de
olared, the remedy might be a reinstatement of
the policy or an action for its value. In any
view of the oase the com plant was bad. do
Conn.,, 4S0J Judgment reversed.