The Indianapolis journal., 1891-03-20

u
nor can you consider any physical or men,
tai suffering, or pain that may have been
incurred by the plaintiff or his family"
To make objections to evidence avail
able, the grounds Of the objections must be
pointed out to the trial cOuIt. and other
and different grounds from those stated
cannot be made available for the first time
In this court The facts found In tho special
verdict are sufficient to show that the APP
pellee and the child were not guilty of
contributory negligence.
No. 14625 Sampson Il. Stevens ct al. vs..
Spencer l.. Stevens ct al. Union G. G. At
firmed. Miller, Jas none of the volumes
purportine to be the evidence are authen-
otherwise identified except by the file
stamp of the clerk. the evidence Is not
properly in the record. Where no attempt
was made to reserve questions OF law, as
provided by Sec: 630 of our code of prac-
tice and the evidence is not in the record,
this court Will not reverse the case. if. upon
any supposable state of facts rel
avant to the issue, the instructions
of the trial court were right.
A prior inquistion of lunacy is prima facie
make will. and. therefore, it is incumbent
on those who would establish the will to
show, beyond a reasonable doubt. that the
testator had both such mental capacity
and freedom of will and action as are requi-
site to render a will legally valid"
Where the misconduct of juror is given
as cause for new trial and the record
shows that the alleged misconduct was
submitted to the trial court on affidavits
and determined against the complaining
party this court will not disturb the finding.
The taxation of costs is left very much to
the discretion of the trial court and no suf-
ticient reason Is shown to disturb his ruling
in this case.
No. 14954. The Germania Life Insurance
Company of New York VS.. Louisa Lunken-
heimer. Warrick G. c. Affirmed. Nc
Bride, J.-Action by appellee against ap-
pellant to recover upon life insurance
pellee's husband. The policy contained a
stipulation that it should be null and void
if the representations made in the applica-
tIon for the policy should be found in any
respect untrue A question in the applica-
viously applied for and failed to obtain in
surance from any other company was an
swered in the negative. Itwas shown that
the insured had previously applied to the
Etna Life Insurance Company for insur-
ton had been rejected. The spe-
cial findings show that appellants agent,
who prepared the application for the in
sured, was informed at the time by the APP
or company. but that the agent informed
him that that would make no difference,
and dictated the kind of answer to be writ
ten in that policy. Held, that if the appli-
can't for insurance in good faith gives
truthful answers tosuch questions as are
asked him. but the agent. whether purpose
ly or not. but without the knowledge
or connlvance of the insured, inserts
false answers, the wrong IS that of the
company, and not that of the assured. The
wrong to the insured.
No. 149Os. City of Hammond vs. N. Y.
c. & st. l.. Railway Company. Porter G.
G. Ordered transferred to Appellate
Court. Opinion by Elliott. J.-This is an
appeal from g Judgment against munich
pal corporation rendered in an action
wherein the corporation sought to recover
q penalty for the violation Of one of it's
ordinances. The only question presented
finding entitled tho appellant to recover
the penalty. The jurisdiction of the case
is in the Appellate Court. If the validity
of the ordinance had been challenged, the
jurisdiction would be in the Supreme
legislative power in enacting ordinances.
and it's ordinances are, in effect, local
statutes. The fact that one of the judges
of the Appellate Court was of counsel in
the case dose not deprive that court of
juri isdiction.
No. 1853. B. s. y. Railway Company vs.
Jacob Walborn, Administrator. Allen S.
G. Rehearlng denied.
No. 1892 Doan Nichols ct al. VS.. State of
Indiana. Delaware G. G. Rehearing
No. 16D59 State OK rel. Charles Ashley VS..
Joseph s. DALEY. Huntington G. G. Man
date refused.
II SUPERIOR COURT.
+ Room 1-Hon Napoleon B. Taylor. Judge.
/ State OK rel. The Board of Trustees of the
Indiana Central Hospital for the Insane vs..
b. Dietz; maintenance. Dismissed.
Mathew Irie VS. Emma Irie: divorce. De-
cree granted plaintiff.
Ollie o. Squires VS.. C. S. Squlres; divorce.
Decree granted plaintiff.
Room Hon. James w. Harper, Judge.
Mary f. Cleaveland VS.. Mary E. FELTON,
ct al: attachment. Judgment for plaintiff
for S52.40.
Jane Trivis VS.. Louis Trivis; support.
Judgment for plaintiff for 50. and 81 per
week.
Benjamin Z. Fisher vs. Henry Schnull ct
al; to recover money deposited. TRIAL by
court.
Room 3-Hon. Lewis c. Walker. Judge.
William Kothe vs. Emma Schmidt; &C.
count. Judgment for $3.50.
Sarah j. Weyermiller VS.. John Weyer-
miller; divorce. Decree granted on grounds
of abandonment
Isaac +: Hess vs. Victor R. Jose account.