The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-14
THE COURT RECORD.


1887. Johnson VS.. The State. Marion
Grim. c. Affirmed. McCabe, c. il. Where
a person was charged with petit lar
ceny and burglary, and the prosecuting
witness testifes that part of the property
found in the possession of the defendant
was exactly like the property which had
been stolen from him, and part of the prop
erty was his such testimony, amid other
circumstances, was sufficient to warrant the
jury in inferring that 1t was the property
which had been stolen short time before
from the witnesses dwelling house. 2. When
it is proved that property has been stolen,
and the same property, recently after the
larceny is found in the exclusive possession
of another the law imposes upon such per-
son the burden of accounting for his pos
session, and of showing that such posses
sion was innocently acquired; and if he fails
to so satisfactorily account for such possess
sion, or gives a false account. the presump-
ton arises that he is the thief.
1888. Martin VS.. The. State. Perry c. c.
son is charged with larceny it is not
enough that the evidence merely tends
but it must support it. G. Where two per-
sons enter store to buy some article, and
while one. of them engages the attention
of the clerk the other steals a suit of clothes
from the store, for which Offense both are
arrested. in order to sustain the conviction
Of the one who occupied the attention OF
the clerk there must be evidence to estab
lish a previous understanding between both
defendants that one of them should engage
the clerk while the other committed the
theft; or that he knew his companion was
intending to make the theft
1879. Campbell VS. The State Marion
Grim. G. Petition for rehearing overruled.
Appellate Court.
2161 Bowers. VS.. Hale Henry c. C.
Affirmed. Wiley, c. J.-When the ques-
lions discussed by appellant, and relied
on for reversal OF the l tba aedeG nee
must be in the record in proper manner.
227S Globe Accident ms. Co. vs. Reid.
Delaware c. G. Reversed. Black, il. An
Insurance company organized under the
laws of this State may be sued on a
policy in a county wherein service of pro-
ces may be had upon the agent or the COM
pany q When an appeal is taken from a
Judgment by default, this court cannot as
sumo that anything was proved beyond
what is shown In the complaint, and where
the error assigned is that the complaint
does not state facts sufficient to constitute
cause of action, the complaint must be
sufficient to have withstood demurrer for
want of sufficient facts. 3 An exhibit must
be regarded as controlling the averments
Of the complaint to which 1t Is attached.
4 Where an action is founded on an in
| surance policy the exhibit must show that
| the policy bore the signature of the duly
| a corporation is merely authorized by stat
ute to have and use common seal, it need
not use it in the execution of its ordinary
2144 Mendenhall VS.. Stewart. Wayne c. c.
| Affirmed. Robinson, i'll. In case a
| conspiracy arises between two or more
| persons each person engaged therein
is liable for the acts and declara-
lions of the others done and made in fur
| therancG OF a conspiracy <. IL Il TACT uOGS
| not exist. a fraudulent purpose will be i'm
puted to the party who by written state
| ment shows that by his own knowledge
such fact does exist and induces another
! to act upon his statement.
| PTS. e. e. o. S. w. Ry Co. VS.. Mozart
ney Jefferson c. c. Petition for rehearing
! overruled.
Superior Court.
Room John L. McMaster. Judge.
Life Insurance Company of Virginia VS..
Josephine Schaf; damages. Dismissed and
| costs paid.
Sarah Pattison VS. John w. Stowell ct
al quiet title. Dismissed and costs paid.
| Frank Mowwe VS.. Charles Nuerge CT al.
| damages. On trial by jury.
Room 3-Vinson Carter. Judge
Heien r. Edison VS. Samuel L. Evans ct
all: foreclosure. Finding and judgment vs..
Harriet NJ Evans and Richard Dill for
$274.73
Joseph Kreber VS.. Melissa A. Smock; app
peal Dismissed Judgment VS. plaintiff
for costs.
Della Curtis VS. John j. Epler ct al.
| foreclosure. Dismissed.
Thomas Dorsey vs.. John Schide; account.
| Finding for plaintiff. Judgment vs.. defend
| ant for $685. and costs.
! The Capital National Bank of Indianap-