The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-09
THE COURT RECORD.
Supreme Court.

Marion c. c. Affirmed Howard. J.-Ifi a
land owner subdivides his real estate adj
jacent to town, names the subdivision and
files a plat thereof in the recorders office,
such act is express dedication 10 the pubic
of the streets and alleys and pubic grounds
thereon designated; and when he sells lots
with reference TO this plat the rights OF botn
the public and the purchasers of the lots in
tervene. and therefore the dedication is ir-
1884 Wantland vs.. the State. Monroe C.
c. Reversed. McCabe, J.-Where person
be indicted for larceny and the evidence
against him is simply circumstantial is re-
versible error for the court to refuse TO IN
struct the jury that where the state seeks
conviction on circumstantial evidence, the
defendant is presumed to be innocent until
the contrary is made 10 appear by the evil
dence, and in case of this kind in order TO
convict the circumstances must be so strong
as to exclude every other reasonable hypoth-
ess except that of the defendants guilt"
1850. ONeal VS.. Hines. Adams G. c. At
firmed. Monks, i'll. Where a person is
offered sum of money for his interest in
business providing he would not go into the
same business In the city an acceptance OF
the offer becomes a contract, and when such
facts are shown in the complaint for inJunc-
ton the contract is alleged; and the fact that
invalidate the contract. 2. An injunction
against the breach of contract is based
upon the ground that just and adequate
thereof. 8. Where the conclusions of law
Immediately follow the finding of the facts
and the signature of the Judge follows the
also signed, for the facts and conclusions OF
law constitute one written instrument.
1870; Hedrick VS.; Whitehoqse;, Brown C.
c. Affirmed. Hackney, c. il. Amended
pleadings take out the original pleading and
leave no question for review in ruling upon
ths oss 20 allow It il wne
and the record must affirmatively show an
abuse of that discretion to constitute reversl-
be excepted to in order to be reviewed on
i1sOOs. Abbitt vs.. L. E. & W. r. r. Co.
Marion 8. G. Rehearing granted.
1913. Brewing Company vs. Malott. La
Porte Q. G. Certiorari granted.
Appellate Court.
1720 Conboy VS.. Employees Accident As
ISOLATION. Marion S. G. Reversed. Rein
hard, III. The mere violation of a GRIM
inal statute, If death ensues during such vi
olation, will not relieve an insurance COM
pany from liability on a policy. 2. An an
swer to complaint seeking a recovery on
an insurance. policy which alleges that the
insured was violating the law by. SEEMING
fish at the time ne was crowned Is ins tho
law does not forbid the SEEMING of fsh in
all waters.
1882 Eyerroad VS. Lewis. jefferson c. c.
Affirmed. Ross, J.-Where a claim has been
allowed against an estate the administrator
is not entitled to a change of venue from
the county as mater or risn. wn tai, tne
in his possession the amount of the claims
allowed, the administrator pretending that
the amount was due MIN as a Zee from the
claimants on another Independent case. 2.
An administrator is an officer of the court
and at all times subject to the orders of
the court.
1885, Eichel VS.. Supreme Lodge. Wander
burg S. G. Affirmed. Davis, IA person
whose life is insured IN company which
provides for regular payment OF dues Is
bound to know when the time of payment
arrives and not trust an agent of the COM
pany to notify him when such notification
il not provided for in the contract.
1854 r. Fl. & l. Railroad Company VS..
Zehner. Marshall c. c.. Petition for re-
hearing overruled.
1857. Neptune VS.. Paxton. Knox G. G.
Petition for rehearing overruled.
1742. Chew VS.. Lucas. Marion S. c. APP
pellant's petition for rehearing.
Superior Court.
Room 2-Lawson NJ. Harvey, Judge.
Amanda Bolander VS.. Wilson w. West;
account. Judgment against defendant for
A b. Gates & Co. VS.. Indianapolis Eleva-
tor Company; damages. On trial by jury
Room 3-Pliny w. Bartholomew. Judge.
Helen Schurman VS.. Edward Schurman;
divorce. Decree granted plaintiff.
Circuit Court.
Edgar A. Brown. Judge.
Mrs. Short VS.. the Union Trust Company;
administrators claim. Trial by court al
lowed for $177.90 and $40 costs.
New Suits Filed.
John IT. Smith VS.. Rolla Harris ct al. !;
suit to foreclose Improvement bonds. Circuit
Court
Nary c. Sutphen VS.. Thomas j. Sutphen;
suit fer divorce. Superior Court, Room 1.
Gertrude Castor VS.. Hiram G. Castor; di-
vorce Superior Court, Room 2.
Maria Engelke VS.. Henry Holzhauzen ct
al; suit to foreclose mortgage. Superior
Court. Room l.
A Leopold, trustee, VS.. William p. Hanna;
street lien. Circuit Court.
A Leopold, trustee, VS.. Mary w. Malott;
street lien. Circuit Court.
a Leopold, trustee, VS.. John and o. NJ.
O'Brian, ct al: street lien. Circuit Court.
Pearl A. Roberts VS.. James III. Roberts;
divorce. Superior Court. Room 3.