The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-11-06

has a lien upon them for the purchase mon-
ey unpaid SO long as the goods remain In
his possession, but there must be a con-
structive delivery in order TO vest the title
In the purchaser. 2. II a sellers lien once
exists IL will continue In favor Of the seller
as against a subpurcnaser:
1000. kerlin VS.. Reynolds. Carroll c. c.
Petition for rehearing oyerruled. Hackney.
il The salary of the trustee acting as
overseer Of the poor is payable from the
county treasury and is no charge against
the township fund. 2. The law does not
favor the repeal of statutes by implication,
but requires clear and repugnant Language
1746s. Stumph VS.. Miller. Marion S. c.
Amrmed- Howard, &. il. me admission
OF improper evidence which only tends TO
prove a fact otherwise clearly shown by
competent evidence is harmless 2. When a
fact is once shown to exist the presumption
Is that it continues to exist until the con-
trary is shown. 3. When a witness gives the
facts upon which he bases his opinions as
TO the condition Of the mind or body of a
If the request for a special finding is not
made at the commencement of the trial
the right thereto is waived.
1866. Pence VS.. Williams. Fountain G. c.
Transferred to the Appellate Court.
Appellate Court.
1924. Supreme Lodge VS.. Edwards. Marion
G. c. Affirmed. Gavin, il. In an action
upon an insurance policy, issued by a
AYERS that the policy was issued, the lodge
in general will be controlling in the absence
of a plea Of non est factum. 2. Where state
ferred to as w~arranties and representation
they will be construed as representations. 3.
WarrantieS are not favored IN law and the
court will only construe as a warranty that
which the parties have plainly and un-
equivocally declared to be such. 4. In con-
sidering the application and policy together
and If left uncertain the construction most
favorable to the policyholder will be adopted.
1lSl. Fire Insurance Company VS.. Warner.
Montgomery C.. C.. Affirmed. Ross. j.
h. m ~ --1 A@ -
tween an insurance company and a policy
holder TO submit all matters in dispute be-
tween them under the terms of the policy
Oh Insurance., the award OF the arbitrators
is conclusive, but if the submission is simply
to ascertain the value of the property de-
stroyed and not to determine the liability
or the company, 1t Is not an award by arbi-
traitors, as contemplated by law.
1913. Barry Saw Company VS.. Campbell.
Monroe c. c. Affirmed. Lott, IA fact
cast among conclusions of law cannot be
considered.
1888. Marble Company VS.. Smith. Marion
>. g.. Affirmed. Davis, J.-Where a person
commercial agency and fails to mention GER
tain personal Indebtedness this court will
not, disturb the verdict OF the jury on the
evidence on the ground the failure to make
such statement Was for fraudulent pur-
pose of obtaining property or credit.
@ lOss' a sreMing COMPANY onaI ? f vs.: Isbaa Allen
1923. Bucklen vs. Cushman. Elkhart c. c.
Transferred to Supreme Court.
Superior Court.
Room John L. McMaster, Judge.
Albert Cline VS.. Herman L. Abraham ct
al; note. Dismissed.
David c. Lowe VS.. James Mob. Shepherd
ct al; mechanics lien. Dismissed.
Room 2-LAwson NJ. Harvey, Judge.
Abraham Reifel VS.. James Mob. Shep-
herd ct al; mechanics lien. Dismissed.
Lizzie Fleece VS.. Charles Fiske; damages.
On trial by jury. Jury out.
Room 3-Pliny w. Bartholomew, Judge.
Wilson T.. Duckworth VS.. Herman Lauter;
damages. Trial by jury.
Circuit Court.
Edgar A. Brown. Judge.
William p. Kappes VS.. The Consumers
Natural-gas Trust Company; for services.
On trial by court.
L. A. Randall & Co. VS.. The Thurman
Fuel and Oil-burner Company. Trial by
the defendant for $685. and costs.
Thomas w. Curry VS.. Peter Shocks Es-
tate. Claim allowed by administrator for
s. and costs.
Albert o. Ward VS.. Peter Shocks Es-
tate. Claim allowed by administrators for
$3.50 and costs.
Criminal Court.
Frank McCray, Judge.
State VS.. Henry Jones; murder. On trial
by jury.
New Suits Filed.
Henrietta Fields VS.. Lorenzo Fields; di-
vorce. Abandonment.
Walton W.. Lewis VS.. Louisa Lewis; d.
vorce. Drunkenness.
James Naughton VS.. Daniel NJ. Price ct
al; notes. Demand, $1.100.