The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-02

script shows that it is correct copy of the
records and Judgment of the court in the
cause as appears of record in his Office, the
evidence is in the record. 2. When the
clerks certificate shows that the bill of eX-
ceptions has been copied into the transcript.
It is not necessary TO show anything of the
filing of the original longhand manuscript
in the clerks office.
1926. City of indianapolis VS. Navin.
Marion c. c. Petition for rehearing over
ruled per curiam.-1. In constituting the
Constitution of the State this court must
rely upon it's own judgment TO the con-
struction to be given. 2. The Interpretation
and construction of the statute of this State
are questions TO be finally determined by
this court. 3. The construction put upon
the laws and Constitution of State by the
court of last resort of such State is binding
upon the Federal Courts and will be
adopted by them.
1892 Watkins VS. State ex rel. Auken.
Steuben c. c. Petition for rehearing over
ruled. Hackney, {. J.-SectiOn 5631, r. S.
1894, applies to drains constructed in two or
mere counties and the apportionment and
collection of the cost between the lands of
the several counties.
1924 Forbes VS. Insurance Co. Marion S.
Z: Affirmed. McCabe, il. A beneficiary
IN the contract in strict accordance with its
terms. 2. The insured cannot insist upon
compliance with the terms of the policy on
the part of the insurer in the absence of
compliance herewith on his own part
1886. Byram VS.. Henderson. Knox c. c.
Ainrmed Monks, IA second or subse-
band takes a fee in his land al his death
and II he leaves children alive by a pre-
vious wife upon her death such children in
merit the land from her as her forced heirs.
put II his children. immediate or remote
should die before such widow then the
iand owned by her at her death will descend
70 her helrs or to whom it is devised by her.
or, II she conveys her interest in the land
and the children of her husband die before
laer tlelr heirs nave no interest in the land
conveyed after her DEATH
1915. Moore VS.. Burgett. Hamilton @ G.
Anrmeo. Monks, il. Where the Board
OF OF commissioners has jurisdiction of aid
Notea 20 assist in the construction of rail-
Icad " has the power to cancel the aid
koieq ana any Judgment rendered thereon
o ~ tne BOARD and not appealed from is final
an" conclusive. z. An appeal from Board
OF commissioners vacates the decision of
the BOARD. but If the appeal is dismissed the
q T'7 nS OF me BOARD becomes effective. 8
IN order to bind a Board of Commissioners
IN case appealed from it the members
tnereot need not be made parties. L. Until
On ORDER or the Circuit Court upon the
Board or Commissioners is entered on the
records of the latter, wherein it is ordered
that tax voted shall be collected. manda-
mus proceedings will not lie against the
the taxes, and the pleading must show that
the order was entered of record or else it
VIII be subject to demurrer
1869. State ex rel Harrison VS. Menaueh
,Mhltley Z. {. Affirmed. Jordan, il
The act of the Legislature of 1897 acts 1877
p. 64) wherein the length of the tenure of
the ONCE of township trustees was extended
is valid and not contrary to the Constitu-
Iion' z. Inc authority placed in the Gen
eral Assembly is supreme and sovereign
save and except the restrictions by the
state and federal constitutions s. When
ever person dssails an act of the lawmak-
ing power he must establish his charge to
the exclusion of all doubts. A. The power
10 nix the time at which the people NAV
discretion of the legislative department
ls3l3 Ham vs. Woodland Monroe C. c.
17063 HamiIton We o1yo W. uieu' ~ ~ p
hearing granted
1903. Brunson vs. Henry. Marion S. c.
Rehearing granted.
1903. Barnard VS.. Shirley. Morgan C. C.
Petition for rehearing overruled.