The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-08
THE COURT RECORD.
Supreme Court.

Supreme Court.
1888 State ex rel. Burroughs VS.. Web
ster. Marion Superior Court Affirmed.
Howard, Judge Under Section of the
tt Se practice 81 medcR Mhich the gegH cense
under the old law is only prima fiacie evil
dence of right to a license. in the
later act. Q. Sections and of the act of
1897 are read together, and a license granted
70 physician to practice medicine under
the act of 1855 does not necessarily entitle
him to certificate from the State Board OF
Medical Registration and Examination. I'M
less such board upon examination is salts
fed that such license was obtained without
fraud or misrepresentation, and that such
person is a morally fit person to engage in
the practice of medicine. g. Such board may
revoke its own certificate on notice and
hearing before a license has issued Their
under; but If a license has actually issued
under the act of 1897 it can be revoked only
on the finding and judgment of court. 4. AS
long as an act of the Legislature is not
clearly in violation of any provision of the
Constitution it is not invalid 5. The act of
the Legislature of 1897 governing the prac-
tice of medicine is notice within itself that
the Legislature has set aside licenses grant
ed under the prior statute. and gives a rea-
censes in their stead. 6. And the board pro-
Vided by the act of 1897 is not judicial one,
w IH5e, in some respects it is quasi.judicial;
cult Court. Affirmed. McCabe, Judge
l, Where a paragraph of complaint seeks
no right to new trial is given without
cause shown. Where a paragraph of COM
plant for possession of or to quiet title to
real estate is joined in the same complaint
with one for any other cause of action,
new trial as of right is not demandable
1853. Wood VS.. kumper; Dubois Circuit
fact that a person consents to survey of
land for the purpose of establishing corners
in q section line will not defeat title to real
estate held and acquired by him through
adverse possession, for survey only tends
to establish lines and corners and not to
pass title.
1898. State of Indiana VS.. Winstandley.
Clark Circuit Court. Certiorari granted.
1884. Johnson VS.. Johnson. Monroe Cir
cult Court. Dismissed.
1864S. Round State of Indiana ct al.
Clark Circuit Court. Publication ordered.
Appellate Court.
%7s Hanover Insurance Company VS..
Dole Whitley Circuit Court. Affirmed.
ance all doubtful or ambiguous clauses will
be construed with view to prevent for
feiture Of the policy. 2. Where fire policy
stipulated that the assured should take an
inventory of his stock of goods covered by
the policy at least once year during the
life of the policy (Which was for one Year,,
and should keep books of accounts correct
ly detailing purchases and sales of stocks
and keep said inventory and books in an
iron safe during the hours that the place of
business is closed, and the mere fact that in
his application he stated that he had taken
an inventory in March of the previous year,
did not amount to an agreement on his
part to take such inventory In the follow
ing March after the policy went into effect
and thus. forfeit his insurance if loss ,oc-
CURED after that date, but the insurer had
until the expiration of the year during
which his policy was in force to make his
inventory, and the books to be kept were
from the date of the inventory, and such
provisions may also be waived by the COM
pany when it has full knowledge of failure
to comply with the requirements and takes
no action to terminate the policy.
255S. Spurlin VS.. VancleaVe ex rel. Shell
by Circuit Court. Reversed. Black. Judge
In action brought on the relation of the
State to recover the statutory penalty ior
hiring a person to vote for or not to vote
for a certain candidate the defendant is en-,
titled to the presumption of innocence and
have the jury instructed as follows, to-Wit:
1.-THE defendant is presumed to be innocent,
and this presumption remains and must be
considered by you in connection with and
together with all evidence, if any, in the
case that tends to show that the defendant
is innocent of the crime charged, until such
presumption and evidence are OverthroWn
by a prepondenance of the evidence; and
unless you find that such presumption and
such evidence tending to show innocence, if
any, have been overthrown by preponder-
ance of the evidence, your verdict must be
for the defendant"
1888 Board of Commissioners VS. Bader.
Perry Circuit Court. Reversed. Comstock,
Judge-In order to show a cause of action
against a county for services the claim
should show that it is one which the law
2268. Baltimore & Ohio Southwestern
Railway Company VS.. Bradford. Daviess
ruled.
24O5. Callahan vs. Heinz. Marshall Cir
cult Court. Petition for rehearing over
ruled.
1852. Baldwin VS.. Boyce. Delaware Cir
cult Court. Transferred to Supreme Court.
Superior Court.
Room John L. McMaster. Judge.
Caroline Malott VS.. Ursley p. Moore ct al.
foreclosure. Finding and judgment against
defendant Conarroe for $292.45 and costs
Arthur G. Fosdyke VS. Thomas j. Craw-
ford ct al; foreclosure. Finding and judg-
ment against Thomas j. Crawford for 1866 81
and costs.
William T. Ripley VS.. u. s. Printing Com
pany, Of Cincinnati, o.; damages. Plaintiff
dismisses at his cost.
William V. Morgan VS.: Shields; on notes,
Finding and judgment for plaintiff against
defendant for $1T2.50.
Hannah f. Gregory VS.. Belle A. Gregory;
to set aside deed. Plaintiff dismisses at his
cost. Costs paid.
William E. Noble vs. william P. Jung
claus Company; damages Dismissed by
plaintiff on agreement that each pay his
own costs.
On motion of Ferdinand Winter Albert p.
Smith is admitted to the bar.
Room 2-Lawson M. Harvey, Judge.
Margaret Irwin VS.. u. S. Printing Com
pany; damages. Dismissed al plaintiffs cost.
Company; damages Dismissed and costs
paid.
Room 3-vinson Carter, Judge.
William E. English VS. Levina Streight ct
al; foreclosure. Dismissed and costs paid.
Circuit Court.
Henry Clay Allen, Judge.
On motion of Attorney Ferdinand Winter
Albert B. Smith is admitted to the bar.
William Kattau VS.. Charles b. Fletcher;