The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-04
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-Anril 3.
Hon. William A. Woods. chief Justice.


TELEGRAPH CoMPANTEs-FAILURE TO DELIVER
MESSAGE.
10,414. Western Union Telegraph Company
VS.. Carol X. Roberts, Benton G.. c.
Howk, J..-SuiJ TO recover the statutory pen
atty for failur 10 transmit n message. 1t is
claimed thai the averments of the complaint do
not show that the company is an electric tele-
graph company, having line OF wires wholly or
partly within this STATE ana doing business for
the public for hire. The allegations are clear
and specihc upon these points, and bring the
case within the statute. Judgment affirmed.
DEMURRER 10 Observation-Disclosures.
1890 Rhoda Talkington vs. Theodore Par
ish. Clinton G. C..
Elliott, J.-Action by appellant to set aside
deed made TO Nancy j. Parish. and TO subject
the property to the payment of a Judgment
against her husband. 1t was shown tnaJ Nancy's
dIstrhutive share of her fathers estate was
$l04.76 and she testified, when called as
a witness by appellant, that she had
never Inherited or received any property
s by gift or , bsGuest aside from he. her
Nancy had any notice of her husbands indebt-
edness, or that she did not pay the consldera-
ton for the property, other than that above
given Appellee's demurrer 70 the evidence
was sustained. 1t is true that demurrer to
evidence admits all facts which the evidence
TENDS to prove and all reasonable differences
which may be drawn from them, nut forced and
violent differences arc not admitted. Isl Ind,
300; Cranch, 2l9D IL would he an uUreasou-
able inference to conclude that Nancy Parish did
not get money from other sources than ner
fathers estate or by gift or devise. and was
money before her marriage, and her husband at
least while solvent, might have given her her
own earnings. IA Ind. S2.) Appellant as
sumed the burden OF showing fraud, and to DO
this she must overcome the presumption OF good
faith which existed IN favor OF the appelers
tSee So Ind, $50; SO i'd, 65.) Judgment al
tirned.
COUNTY CoMMIssIoNERs-FILING CLAIMS Be
FoRE-JURY TRIAL.
1O067. Commissioners Orange county vs.
Benton j. How Orange c. C.
Woods G. J.-The appellee filed before the
county commissioners The following statement
OF claim. "NO. 3, March %, 1881. TO Dr..
Benton j How; You are hereby authorized toren-
der the necessary medical attention to Solomon
Sweeny at the prices by the board of cOunty
commissioners. John o. Elrod, trustee Orleans
township" "Orange county, DR., tn Benton j.
How, for medical attention rendered Solomon
Sweeny as per rendered statement below, 500"
This statement was not sufficient Strict for
mality and technical accuracy i'll the statement
OF a claim presented to II board of county com
missiOners is not required, but enough must be
able for the demand. The township trustee has
power to employ physicians for the poor only
when the commissioners fail to do SO. The
complaint does not show that the order
was made by any one, or that the
person whose name signed to
It was at the time trustee OF the township; nor
that the services were rendered in pursuance of
the order; nor that the person treated was
poor person; nor that the county had not em-
plOyed n physician who was ready TO perform
the service. Appellant demanded trial by
jury in the Circuit Court hut the appellee Chal-
lenged all the jurors called, on the ground that
they were taxpayers of the county. The court
sustained the challenges and tried the case
without a jury. This case is unlike SO Ind, %
and is not within the ruling therein made. APP
pelant was entitled to jury trial and was not
bound TO ask u change of venue. If the appellee
deemed the jurors of the county disqualified he
should have applied for the necessary change.
JnIgmeuE reversed