The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-25
THE RECORD OF THE COURTS.
United States District Court.
Hon. w. A. Woods. Judge.
To-day No special call.
Supreme Court

Supreme Court
Hon. g. v. Howk. chiefs Justice.
The following decisions were rendered May "a;
1908. Hiram w. Miller treasurer, vs. State
ex REX CITY of indianapolis. Marion S. G. AT
firmed Howk c.. 1.-The act of Feb 81 1885
which abolished the Office of city treasurer of
Indianapolis, enjoins upon and requires the treas
urer of the county the performance of the same
duties Heretofore performed 10y the city treas
urer. under the law ordinances of such city.
in the same manner and with IKE effect as such
city treasurer had been previously required to
perform such duties. He must make and
furnish the city clerk the monthly
statement of all his receipts aud
disbursements, on account of the city, during
the month"; as required Of city treasurers by
Section 3083, f. y, showing the balance then
in his hands a. county treasurer belonging
to the city funds, from whatever sources
such funds may be derived: and when
so required by the proper city authorities he
must render TO them full account of his re-
ceipts and disbursements of moneys belonging
to the city and the general condition of the funds
of such city in his hands as county treasurer
1914 Samuel Archer VS.. State. Martin G. c.
Affirmed. Elliott, J-When a party was forci-
bly, seized and bound by several men in con-
spracy, and detained for several hours in one
county, who then removed him to cave in an
adjoining county, whore they killed him, the
acts done in the former county constitute ma
terial part of the crime, and. under our statute.
the court Of that county could rightfuly take
jurisdiction Of the entire crime.
1885 James S. Frazer, trustee State, for
the George w. Ingerman, drainage COM
missioner. Hamilton G. G. Reversed. Elliott,
drainage assessments. a description of the land
as IN. W. /. g. g. t. 49, r. 8, 40 A.. and s. O. l. n
w. l. 8. 8, T. IL. r. 5. 40a," is sufficient and, al
though the county and State is not named,
in the county where the court made
the order and confirmed the report. e. The
suit IN this is brought in the of relator
lngerman. but the cause of actiln is stated in
his predecessor. without any averment. that his
predecessors term had expired and that he had
been appointed. and is therefore insufficient.
1247O Western Union Telegraph Company
Vs. Emanuel Fl. Kinney; Bartholomew c. c.
Reversed Niblack, J.-When one gives direc-
tions to his agent to forward any telegraphic
to his address. and the agent serbs
substantially message that he received
but the company neglects to transmit it, this
ordering of the message to be forwarded is not
sending it within the meaning of the statute
imposing penalty on any telegrsphic company
under that statute can be had
1909 Mary Mccoy VS.. Mary A. Mccoy
Clark G. G. Reversed. Niblack, J.-When, in
an action for SANDER, the defendant answers in
mitigation of damages, she is entitled to open
and close both in the introduction of evidence
and in the argument to the jury.
1871. Hiram +. Mitchell va. Louisa Colcla-
zer ct al Washington G. c. Affirmed. Mitchell.
J.-In suit by a MISREPRESENTATION of hus-
band to set aside conveyance as fraudulent, an
answer by the wife that, being possessed of GER
tain moneys. she appointed her husband to pur-
chase for her the property in dispute: that he did
purchase; that he made the cash payment with
her money and gave his note for the deferred
payments; that he took the title in himself: that
she paid the notes as they fell due, surprising
the title WAS In her name; that upon discovering
that the title was in her husbands name she de-
manded that the property should be conveyed to
her, and before the plaintiffs Judgment was re-
covered the conveyance was made, Is good and
sufficient to repel an imputation OF fraud.
1862 Frank w Reubeit VS.. School Town Of
Noblesville Hamilton G. G. Reversed. Zo-
lars. J.-Tbe fact that the statute (Sec. 4439l
provides for a reorganization of the
board of school trustees each year
does not limit the board to contracts
that are to be performed during the existence
of any particular organization IT that body: so
where a board contracted for the services OF a
school superintendent for period OF three
years. the contract is not invalid and it is bind
ing on the board constituted after the election
of a new member.
I2O6l National Benefit Association vs.. Min
ME Grammar. Marion S. q Affirmed Mitchell.
i'll, A certificate OF membership in benefit
association stipulated that the benefits of the
certificate should not extend to any case in
which there were no symptoms or visible signs OF
bodily hurt nor 10 any case In which
death or disability should occur in
consequence of disease In suit
on the certificate the complaint averred
that the assured sustained certain bodily inju-
ries. which were occasioned by two separate falls,
the effect and result Of which were minutely de-
scrihed. The injuries were in part external and
visible They resulted in apopiexy and death.
Held: That the Averments leave no doubt that
death resulted from bodily injury And