The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-03
THE COURT RECORD.
Supreme COurt-NOv. L.
Hon. W. e. Niblack. Chief Justice.


MARRIAG E-BENEFIT INsURANCE-MoNEY VOL
UNFAIRLY PAID.
10,620. Henry q. Cnafant vs.. WIN. W. Pay
ton. Jaw c. C.
Franklin, C.-Appellant sued appellees as part
ners doing business under the name of the I'm
mediate Marriage Benefit Association, upon four
certificates of membership, and to recover back
money voluntarily paid to them The certih-
Gates provided that upon payment by the appli-
cants of certain money and assessments and
dues, the association would pay the applicant
at the end of two years, $4,000 II he should
not marry within that time; but, if he should
marry, then he was to receive SO so for each day
he remained single. The amount to be paid de-
pended upon the length of time the member re-
Trained from marriage promise to pay
money in consideration OF not marrying cannot
be enforced. q Pars. Cont, 73, note h. The
contracts are mere wagers to the time when
Moody would marry. Besides appellant
ceived the certificates by assignment from
Moody, and 1t is not shown that he had any in
terest of snv kind in MOOdy's martial relations.
al Ind, ZIG; So i'd, 380.) While there was no
follow that the money paid voluntarily can
be recovered back. There lie charge
of fraud in obtaining tho money, and there
was no implied promise to repay 1t. But,
if there was any fraud, Moody and appellant
were members Of the association and parties TO
whatever was done Appellant was in par
delctO, and cannot take advantage of his own
wrong. Judgment affirmed.
REPLEvIN COMPLAINT - PROPERTY SOLD ON
CONDITION.
10000. John +. Payne vs.. David June
montgomery 4. u.
Best, C.-Where an immediate delivery of the
property is sought, the statute requires an affi-
davit to be made, stating that the property was
not taken for tax, assessment or fine, or seized
under an execution or attachment, but the COM
plant need not contain these averments. (Sec-
tions ,266 AMI ,267, r. 81 Where an engine
was sold to upon condition that the title
should not pass until full payment was made
and that at any time the vendor might consider
the notes given in payment to he insecure he
should have the right to retake the engine, even
before the maturity of the notes, and after
ward transferred the engine to B. and tue surety
on the notes had left the country, the vendor
had right, upon demand of B, and refusal. to
give up the property. to recover 1t by an action
OF replevin, (54 Iud., 50; 60 i'd, 2l4) Judg-
ment affirmed.
JUSTICES JUDGMENT-wANT OF JURISDICTION
10000. VIM. r.. johnson VS.. Eugenius Ram
sey. Shelby c. c.
Bicknell, Gin an ordinary civil action COM
menced by summons before "a Justice of the
peace, Judgment rendered in one township
against a resident of another township who had
no notice and did not appear, is without jurs-
dction and void. Il Ind, 1919 In such a case
app LEGATION TO the proper court to vaoate the
Judgment is IL direct and not Il collateral attack
upon the Judgment, and in such proceeding
the want of jurisdiction over the person and the
nullity of the summons may be proved, nOtwith-
standing n recital in the record that the defend
81 id, 1881 Judgment affirmed.