The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-07
The Court Record.
SUPREME COURT DECISIONS.

1859. Supreme Lodge X. of P. VS.. Lucia
F. knight. Clay 9. c. Affirmed condition
nevolent society, which contains an agree
ment to pay q named beneficiary q certain
sum on the death of the assured, provided
if at the time of the death of the assured
members in this class there shall be paid q
sum equal to one dollar for each member in
good standing in the class" is a policy of
insurance. but a policy not ~Obligating the
insurer to pay a designated sum absolutely.
2. The constitution of such society is not q
charter-nothing more than a bylaw under
an inappropriate name, which can be al
tered or abrogated. unless some higher rule
restraints or prohibits. 3. A person who
enters such society is bound to acquainthim-
self with its laws. A. Where a change is
regularly made in its bylaws, and the mo-
tive which influences the change is an hon.
est one to promote the welfare of the
society. and the members are all given an
opportunity to avail themselves of the
change no actionable wrong Is done the
members or their beneficiaries.
1880. Charles f. Diven ct al. vs.. VIM. III.
Johnson. Madison c. G. Reversed. Odds,
J.-When a written contract is complete
within itself and no suggestion arises out
of it that it is dependent upon or collateral
to any Other. contract, written or oral, it
cannot be affected by a parol contempora-
neOus contract.
1869. State ex rel. Price ct al. VS.. Hins-
dale-Doyle Granite Company ct al. Grant
c. G.. Affirmed. Berkshire, J.-Abond un-
der Section 4246, Revised Statutes, without
any stipulation to that effect, does not bind
the suretiesfor debts incurred by a sub-cOn-
tractor.
iS49. L., N. A. & C. r. r. Company VS..
Matthias BOnly. Porter c.. c. Reversed in
part, affirmed In part. Mitchell, 1.-THE
involves an implied assumption by the new
company of all the valid debts or liabilities
of the consolidated companies. 2. In a suit
against a railroad company to fOreclose a
statutory lien for work one on the road
bed, an order of the Circuit Court directing
the railroad to be sold as an entirety, to-
gether with all its franchises, privileges
and immunities incident thereto, is in ex-
cess of the powers of the court.
COURT.
Room 1-Hon. Napoleon b. Taylor. Judge.
Magdalena Maus VS.. George T. Weller;
on account and note. Judgment against de-
PENDANT for S456.E
L. A. Goodwin VS.. Martha Jane Smith;
suit for possession. Judgment against de-
PENDANT.
Room 2-Hon. d. W. Howe, Judge.
State ex rel. Michael H. Spades We. Chas.
b. Feibleman. Judgment for relator for
peremptory mandate and against defendant
John b. Interreiden & Bro. VS.. George
Rickenback ct al; suit on account. Trial
by court. Judgment for plaintiff for S161.41
ana costs.
Wright w. Champion VS.. Pittsburg, st.
Louis Il Chicago Railway Company; suit
for damages for personal injuries. On trial
by jury.
81 T.. Railway Company; motion for new
trial overruled. Judgment for plaintiff for
$3.50 and costs.
Room 3-Hon. LOWS c. Walker, Judge.
VIM. A. Keagle ct al. VS.. George Ricken-
back ct al; account Judgment for $50.
Mary A. Humphrey VS.. Reuben d.. Logan;
to set aside mortgage. On trial by jury.
Ner Suits Filed.
Frank Lackey VS.. Consumers Cast Trust
Company; complaint for damages. De-
mand. S275.
Mary $. Callinan VS.. Connecticut Mutual
Life Insurance Company; complaint in fore
closure.
Connecticut Mutual Life Insurance COM
pany VS.. Albert j. Danforth ct al; ON
plant IN notes, with foreclosure and APP
pointment of receiver. Demand, $4,000.
elias w. COverdlll VS.. VIM. Mann ct al.
suit on note. Demand. $50.
Matte j. wyatt VS.. John 4. Purdy ct al;
complaint in foreclosure of chattel mort
gage.
Leopold ~Pappenheimer ct al. VS.. j. Peter
| Senfitid; complaint on note. Demand. 5000
Clara Sheehan VS.. Timothy Sheehan; COM
plant for divorce. Alledgement of cruelty
and failure To provide.
on account. Demand, $500.
Horace l.. Bennett VS.. Andrew G.. Kreit-
lein ct al; complaint to foreclose q me-
chanic's lien. Demand. 81 ZOO.
CIRCUIT COURT.
Hon. Livingston Rowland, Judge.
State ex rel. Lewis Il. Kitchener. Attor
4 nev1peneral VS. .John f. Sullivan OF al pa