The Indianapolis journal., 1896-04-03
THE COURT RECORD.

l777s. Mcdonald VS.. p. c.. C. & ST. L R'y
CO. jackson G G Affirmed Mcnks. -
The father OF an illegitsmate child cannot re-
cover damages for the death Of such ch.ld
1884. '''e '''''-'''-'9 '-S'
1867 Archibald VS. Long. Kosclusko {.
c. Affirmed. Hackney. This court cannot
presume that a widow did not elect 70 take
her interest In her deceased husbands es-
lence CT the special finding as 10 that facts
for where the special finding is silent as 10
a material fact that fact must be taken 10
be against the party who was obliged 10
prove 1t.
l77es. Kaufman VS.. C. C. c. q st. L R'y
Co. Elkhart c. G. Affirmed. McCabe, j.
Where there Is no evidence 70 establish one
of the Indispensable elements of the plaintiffs
cause Of action there Is nothing 10 be deter
mined but 4 question OF law. which must be
1861. Meyer US. insurance Co. Marion S.
c. Affirmed Howard. il 1t is not error
Information that might have been 50 OBJ
tained was fully supplied by the evidence
found in the record. ?. The case should De
TO establish the cause Of action stated In the
complaint. 3. recovery upon life-insur-
ance policy must be in accordance with the
terms OF the contract.
Appellate Court.
1888. Building Association VS.. Droge. Jack
son c. c. Reversed. Davis, J.-In the alb
sence OF authority an agent OF building as
der it liable for stock in another assochtion
which the agent received for prepaid stock.
the principal having no knowledge OF the
exchange Of stock and receiving nc dement's
1856. Sears VS.. Runner Benton c. c. Az
irned. Lott, J.-When the evidence shows
that the judgment Of the lower court was
right il is only upon very fiagrant error
that the cause will De reversed
lsS5; Coal Company VS. Neal. Green {. G
Petition for rehearlng overrnled. Gavin. [.
J.-When a litigant does not complain OF
what an instruction states. but what Il fails
to state, the proper remedy Is 70 request tne h
omission, and not simply except TO the in
struction given.
| 1869 Novelty Co. VS. McSin. Porter c. c.
Affirmed. Resnhard. Id Where a note was
given in part payment for stock in COM
| pany and subsequently assigned as security
became insclvent. the company stun owes the
| debt. for the assignment OF the note did not
| extinguish IL, and upon failure TO collect the
| note from the maker II may be filed with
| the receiver of the company as claim
| against IL, and all claims the maker had
against the company for services al the time
| CT the assignment of the note still exist and
| are available TO him. When a receiver
| is in charge Of a corporation creditor can
not maintain suit 10 reach assets withheld
| 1925 Idenhofer VS. johnson. Allen c. c.
| Transferred to the Superior Court.
17A- Sisk VS. Insurance Company. Knox
ordered. Motion for dismissal overruled-
Superior Court.
Room 1-John L McMaster. Judge.
| Herman j. Bernard VS.. Sanford s. Dickson.
| Dismissed.
Leroy Templeton VS.. william Mckinney;
Room g. Dismissed and costs paid
indianapolis Orphan Asylum VS.. Martin N.
| Conaroe ct al; quiet title. Judgment on ver-
| diet for plaintiff quieting title against Con-
| aroe. Judgment on verdict for William Nc
Laughlin for $1,000.
| Jesse l. Showers VS.. City Street-railway
| Company; damages Judgment on special
verdict for defendant
Room dawson NJ Harvey. Judge.
| Nora c. Howe VS. Edward Howe ef al. (:
support. Dismissed and costs paid.
Benjamin Richcreek VS.. Emeline Slaughter.
| Barrett law bond. Dismissed and costs paid.
Room 3-Plny w. Bartholomew. Judge.
| Heinrich Lull vs. indianapolis Chain Man
| ufacturing Company; damages Jury re-
turned special verdict and answer 10 Inter-
| rogatoreS.
| John T. Dugan VS. c. c.. C. & St. l. Rail-
| way Company; damages. On trial by jury.
New Suits Filed.
Emma Williams Richard Williams: d.
vorce. Superior Court, Room I.
| Lena Klopp vs. John Klopp; divorce Su-
| perior Court, Room 2
Henry Il. Gates VS.. the State Life Insur-
ance Company; suit on policy. Circuit
| Court.
Nora c. Howe VS. Edward VI. Howe; suit
| for divorce. Superior Court. Room 2.
| George r. Thomas VS.. w. c. Bryant et al
suit on note. Superior Court. Room 3