The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-06-30
SUPREME CoURT-UNE %.
NEUTRALITY-SUSPICIOUS.

1113O. Moses McCarty administrator, Wilson
Waterman. Hamilton c. c.
Howk J.-Appelant moved to strike out certain tes-
timony, to which the court responded: IAN that per-
tains to the contract is not competent all the
saton he refers to with the old gentleman in reference
to having turned property to this defendant is
proper" This not ruling against appellant
he seems to think, but was sustaining of SO much of
his motion as was proper Instructions given the Jury
must be considered with reference to each other and
entirety and if when construed, they present
the law correctly. the Judgment will not be reversed
thereon. az Ind, 531; rs i'd, 1860 Judgment af
frmed.
AGREED STATEMENT OF FACTS-BILL OF EXCEP
TIoNs.
1880. The Pennsylvania Company Mason j.
Niblack. Knox c. c.
Hammond IAN exception to the form or sub
stance of judgment, unless presented in bill of
eeptions showing the specific objections that were
S Ssa STnss nothing hf this in eoa hS @
its decision. az Ind, $50; rs i'd, All; rs id, A
IS i'd l. In agreed case under section 553 of the
Revised Statutes, pleadings required is
motion for new trial necessary But to present any
question to this court exception must have been taken
to the conclusions of law the agreed facts and
such conclusions must be assigned in this
court In trial upon agreed statement of facts
to the evidence in the such statement does
become part of the record unless made by bill of
exceptions or order of court. as Ind. 1913; 81 id
49, 81 i'd 5S4; GO i'd, 216.) Judgment affirmed
INDICTMENT FOR FoRNIcATIoN-"COHABIT
11755. The State William Chandler. Monroe
&C.
that the parties did "unlawfully live and cohab to-
gether and wife" Where offense is charged
either in the language of the statute or in
language of equivalent meaning, it is sufficient
The word cohabt does not necessarily
living together in sexual intercourse
But the words as man and wife, give TO the word
cohabit meaning equivalent to that conveyed by the
words, in state of fornication.' The word is sus
ceptible of meaning dwelling together as husband
and wife and the language with which it is associated
gives it this meaning The rule in this State is that
sexual intercourse between man., whether married
or not and an unmarried woman, is forncation. (56
Ind 26S; see Moore's CIR. Law 600; 90 Ind So
The indictment sufficient. Judgment reversed.
COUNTY CLERKs-CLoTHING FOR INSANE PER
SONS
1176S. Joshua I. Morris VS.. ex rel Brown
Elliott C. 1.-THE general rule Is that all cai ms
must be presented to the county commissioners for
allowance and the exceptions TO the rule the
in which a specific duty to allow and audit claims Is
by law imposed upon the auditor The statute makes
il the duty of the clerk to purchase clothing for in
sane persons confined in the asylum and imposes upon
the auditor the duty OF auditing the clam
upon the certificate of the clerk R S. Sec 2S56) 1t
is evident the Legislature intended that the certificate
of the clerk should be sufficient evidence of the claim
and when that evidence presented the duty of the
auditor to issue the necessary warrant becomes
purely ministerial one. The statute enjons upon
The clerl, the duty of biyinr the clothing and In.
trusts him with full authority in the matter and it
follows that his approval and certificate of the claim
leaves nothing for the commissioners to pass iudg
ment on. Judgment affirmed.
HYPOTHETICAL QUESTIONS -INSANITY-INToXI-
CATION.
1878. Robert NJ. Goodwin VS. the State. Franklin
&C.
Elliott C. J.-On petition for rehearing The
principal position taken by counsel is that hypothet
cal questions asked expert witness must embody
all the facts given in evidence. The adiudged
and the text writers are overwhelmingly against
this position. They hold that hypothetical
question may such facts
the examining counsel deem proved if they are within
the range of the evidence and that such question is
not improper because states less Or states more than