The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-24
RECORD OF THE COURTS.
Supreme Court-Nov. ee.
117'1' W II y NJ NIIT71 y '17tt777
GUARDIAN AND WARD-LIMITATIoNs


GUARDIAN AND NEUTRALITY-SUSPICIOUS.
1O,O25. Isaac Jones. administrator, VS.. Isaac
Jones. Montgomery e. &.
Blcknell, G. C.-Abner Jones was appointed
guardian OF appellee in 1S49. and in 1883 ap-
pellee became of age Abuer died in 1879 and
in 1880 this Claim was filed against his estate
DIV appellee for money due from said guardian.
Held: The statute of six years bars the claim
Inc guardianship terminated in 1S49 and APP
pellee mghr then have sued for the money due.
go Ind, 495; So i'd, 472; ~ i'd, 100; AZ i'd,
/ 34o.) No demand was necessary before bring
ing such suit, and hence the statute began TO
run at once. (53 ind, 403; "a i'd, 37S) 1t was
not necessary to the claimants right OF action
that there should be settlement of the guard
fanship ana discharge of the guardian, nor
that the guardian should disavow his trust. 100
IND, BIG; 63 i'd, 1922 Judgment reversed.
COUNTY NEUTRALITY-SUSPICIOUS.
1866 Elk rel. Aut VS.. John Long Upton
&C
Black, Can information to recover posses
sion OF an office is bad if Il does not aver that
the informant was eligible to the office
OF which he claims possession. (61 Ind,
392 eX rel. Daniels vs. Bieler, last termO
Appeuee was elected county recorder Iof ihe
Term beginning with Nov. l, 1879, ana ending
Nov. l, 1888. On Nov. 4, 1878, his predecessor
in the office resigned, and appellee was appoint
ed by the county board to fill the vacancy. APP
pellant, whose term for which he was elected
began Nov. L, 1888, claimed that appellees term
of four years ended Nov. 4, 1882; that is. four
| years after he took the office by appointments
that as appellee elected before Small re-
signed, the resignation did not produce a va
OdhCg, WHICH COulu D6 lll6u w appointment,
that appellee'S term, under his election. tnen
commenced. It seems plain that section 1 of the
act OF 1869, and section 1929, r. s., when ap-
piled TO a case where the office of recorder is
held at the time of a general election, not by
appointment, but through an election, refer to
the expiration of fOuryears from the commence
ment of the term of such incumbent. Appel
lees election gave him right to the Office I'M
til the expiration of the period for which Small
had been elected The term for which Long was
elected could not be changed by any act of
SInalPs. His resignation ended his incumbency,
but it could not confer the remainder of his term
upon Long or any other person. az n. Y, 375)
Judgment affirmed.
INsURANCE-PAID-UP PoLICY-ADMIssIoN.
1881. VIM. II. STANDBY vs.. Northwestern
Mutual Life Insurance Company. Cass c. G.
Best, CA life insurance policy provided that
IT after payment in cash of two or more annual
premiums Gncluding any premium note or notes.
with the interest thereonl, default should be
made in the payment of any premium inter
est on the day it should become due, the com
pany would issue paid-up policy for q sum
equal to the premiums paid. Under this
provision, in order to entitle the holder to q
pa1d-up policy, two premiums must be fully
paid IN cash. not partly in notes. In express
terms, premium notes are required to be pad in
order to entitle the assured to paid-up policy.
party who has the burden of the Issue cannot
demur to his adversarY's evidence 80 Ind,
591; 80 i'd, 431.) party who admits the claim
OF MS adversary, assumes the burden OF the
issues and undertakes to establish his defense,
Will not thereafter be permitted TO question or
Withdraw such admission whether his defense is
assailed by demurrer to his evidence or other
wise. Such admission will bind him though
It were Incorporated in his pleadings, and the
burden Will thereafter be deemed upon him who
has voluntarily assumed. Judgment affirmed.