The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-13

of the premiums are due the PLAINTIFF 2.
Where a life insurance policy has been
duly issued and is wrongfully cancelled by
the insurer the insured may sue and re-
cover for the present value of the policy,
or he may tender the premiums as they be-
come due and recover the full amount of
the policy on the death of the insured, or
he may proceed in equity and leave de-
cree sustaining and declaring valid the con-
tract or insurance. g. If a policy of insur-
ance is valid in its inception, then the COM
pany cannot be required to refund the
premiums received thereon, although II
may subsequently, wrongfully attempt to
declare a. forfeiture 4. In an action to re-
cover the premiums paid upon a policy
where 1T is alleged that the defendant re-
tain date the plaintiff must show that he
has performed all the conditions in the pol
icies issued to him.
26l3. State of Indiana VS.. Herring. Cass
G. G: Appellant petitions for rehearing.
26l4. State of Indiana VS.. Wabash Paper
Company. Cass c. c. Appellee petitions
for rehearing.
25o4. Mozingo VS.. Ross. Hamilton c. C.
Certiorari granted
257S. Smith VS.. DIETRICH. Marshall c. c.
Motion to consolidate with cause No. 24O5
overruled.
Superior Court.
Room John L. McMaster. Judge.
George Gray VS.. Big Four Railway Com
pany; damages. On trial by, jury
appeal from justice of the peace. Dismissed
by plaintiff. Judgment against plaintiff for
COSTS
Room S-Vinson Carter, Judge.
c. G. Roth ct al. VS.. Edwin A. Austin ct
al; possession. Judgment for plaintiff; pos
session and S. damages and costs.
Serelda Cochran VS.. George F. Harter; to
declare marriage void. Plaintiff dismissed
cause. Judgn ent against plaintiff for costs.
Levina Smith VS.. Robert Smith ct al; to
declare deed a mortgage. Taken under adj
visement
James M Millender VS. Julia A. Roller;
mechanics lien. On trial by court
Circuit Court.
Henry Clay Allen. Judge.
Norman S. Byram, jr., VS.. Frank L. Glass;
habeas corpus. Plaintiff dismisses. Judg-
ment against plaintiff for costs.
Charles Bartholomew VS.. c. G. Fisher &
Co. ct al Submitted to court, evidence
heard and taken under Amusement.
Patrick E. McCormick VS. Bridget Nc;
evidence heard. Finding for plaintiff for
1892 IA against estate, and costs accordingly.
Submitted to court and evidence heard.
Finding for plaintiff for $500 and costs
against estate.
Joseph Hamilton VS.. John B. viol ct al. !;
fraudulent representation. Submitted to
court and evidence heard,
Criminal Court.
John F. McCray, Judge.
The State of Indiana VS.. Thomas E. Kane:
perjury. Motion for appointment of counsel
The State of Indiana VS.. John Koerner;
grand larceny Tried by court. Finding of
guilty. Defendant fifty-six years Cf age.
Fined 81 and sentenced to the States Prison
for not less than one nor more than four
teen years.
The State Of Indiana VS.. Harry Myers;
grand larceny. Defendant transferred from
county Jail to City Hospital on physician s
certificate.
The State of Indiana VS. Joseph Quinn;
wife desertion. Appeal from justice cf the
peace. Tried by court. Taken under adj
visement. W.
The State Of Indiana VS.. John Shea; bur-
glary and grand larceny. Plea of guilty.
Defendant thirteen years Old Committed
to the Reform School for Boys.
The State of Indiana VS.. William Nor
gan; grand larceny. Plea of guilty. De-
PENDANT sixty years of age. Sentenced to
the States Prison for not less than one nor
more than fourteen years.
The State of Indiana VS.. Emanuel Collins
selling liquor without license Tried by
court. Finding of guilty Fined IS and costs.
Emanuel Collins colored, was tried by
court on the charge of selling liquor with
out license and fined S. and costs. Collins
was engaged in the saloon business at
Haughville.
New Suits Filed.
Joseph B. Brown VS.. Hattie E. Johnson ct
al; damages. Circuit Court.
State Bank of Warsaw VS.. John b. Bash
ct AL; on note. Superior Court, Room l.
Caroline Oge VS.. Moses M. Martin ct al !;
on notes Superior Court, Room 2.