The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-11-02
THE COURT RECORD.
SUPREME COURT OPINIONS

SUPREME COURT OPINIONS.
1911. State ex rel Charles Beedle VS..
Peter w. SchOonover. Warren G. G. Re
sersed. DALEY, 1.-THE act OF March 8
1889 OElliotts Sup. Sec. 1896 being an act to
secure the purity and freedom or the bal
lot is constitutional. h-
1912 State ex rel Elmer W. Bartlett VS..
Peter w SchOonOver. Warren G. G. Re-
versed. Daley, J.-Reversed on the au-
thority of No. 1911 above
1854. squire b. stanton VS.. Charles D.
Kenrick ct al. Carroll c. c.. Reversed
show that the debt declared on or some
part of it is due and unpaid is bad.
APPELLATE COURT OPINIONS.
6S3 Union Central Life Insurance Com
versed. Gavin, G. J.-When policy of life
insurance provided in case any statements
or declarations made in the application
are in any material respect untrue, the
company may ut its option cancel this
policy" held that statement in the
application that the insured had not re
preceding seven years was not q war
ranty SO that it's falsity would defeat an
action on the policy policy z ad While there there
able contract of insurance without payment
or manual delivery of the policy, yet such
cases are recognized as exceptional, and in
direct or circumstantial, should be of such
character as to reasonably support the
$40. Ebenezer p. McCloskey. Adninistra-
tor, VS.. Amanda Davis, Administrative.
Montgomery c. G. affirmed Ross, j.
Gavin, c. j., and Davis, j., concur in sep
arate opinions-When an administrator does
not file an answer in action a claim
against his estate the law puts in a general
denial for him, but he may waive the issue
thus formed and if he admit the truth of
the complaint take upon himself the bur-
den of the issue and have the open and
close The admission, however must be
sufficient to obviate the Introduction Of
any evidence whatever by the plaintiff
~ SIS 5ro walter II Grove vs.; Charles Ke
sion of property existing or incident to
contract is simply tort, and damages
therefore are not subject TO set off.
Superior Court.
Room flames NJ. Winters Judge
William Adair VS.. Cleveland, Cincinnati,
Chicago & St. Louis Railway Company;
damages. On trial by jury.
Room 2-J. w Harper Judge.
Sophronia McIlwaine VS.. David Wall; suit
for trespass. on trial by jury.
Elizabeth Stub VS. Frances Henn suit for
damages and 10 abate a nuisance. Trial by
jury. Jury returned verdict for defendant.
Room 9-Pliny W. Bartholomew. Judge.
Mary Lowell VS.. jefferson Lowell; divorce.
Granted on cruelty, with custody Of child.
Indianapolis Manufacturers and Carpen-
ters' Union VS.. Jacob {. Wright; account.
Judgment for $50.1
Horace /. Pattison e Co. VS.. Frank
Norell; mechanics lien. Dismissed and costs
paid.
Mary A. Goheen VS.. George S. Goheen;
divorce. Granted
Daniel Foley VS. Eliza G. Graham; street
lien. Dismissed and-cOsts paid.
Criminal Court.
Willard J. Cox, Judge
State VS.. Dan Campbell; selling liquor on
holiday. Pleaded guilty. Fined $40 and
costs.
! State VS.. Charles II. Koerner; embezzle-
ment. On trial by jury
Circuit Court.
Edgar A. Brown, Judge.
Amelia Strangmeier VS.. Frederick Strang
meier; support. Dismissed by plaintin,
James McDonough vs.. The Sanitary
| Plumbing Company; attachment Dismissed
| by plaintiff.
| NEW SUITS FIEEBlo gcZ
Adolph Anderson VS.. Frank Larasso; re-
plevln. Superior Court. Room 2.
| Joseph brennan ct al. VS.. Gustav V
Schmidt ct al; on account Superior Court
Room 3.
| Noble-street Saving and Loan Associa-