The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-10-26
THE COURT RECORD.
Supreme Court.

Supreme Court.
1904. State of Indiana VS.. Ray. Law
renee c G. Reversed Monks, IL. The
created under Section 1924, Burns r. s., 1897.
Is one of trust and profit, and one who Is
appointed to said Office and accepts the
same and qualities and acts under the APP
pointment Is an officer de facto without
regard as to whether he is an elector of
the county In which he is appointed or not,
and in criminal action against person
for attempting to bride him as such officer,
the defendant cannot raise the question
whether or not such officer was de jure
1871, which authorizes the appointment of
person not an elector of the county and an
diately preceding his appointment. may be
stricken therefrom and leave a complete
statute which creates the office of engineer
or surveyor of gravel roads and which is
1868 City of Valparaiso VS.. Hagen. Por-
ter c. G. Reversed. Hadley, il. A mu-
prietor. It's officers stand for the corpora
ton and they are empowered by the State
to provide and enforce sanitary measures
fare of the public. Such corporation has
the same right TO exist as an aggregation
and to enjoy its possessions as a natural
in conformity with the statutes and is skill
fully and without malice pursuing the only
natural and reasonably possible line of
drainage for a sewer ii cannot be enjoined
from discharging its sewage into such ma
tural watercourse although II pollutes the
waters to the injury of the lower riparian
proprietor.
Appellate Court.
253S. Bank Us. Orr. Clinton c. c. Re-
versed. Wiley, il Where a plsa Of pay
ment IS made as an answer to complaint
that payment was made before the COM
mencement Of the action; and where the in
In the hands Of an assignee thereof an
answer of payment should show If 1t was
made to the original owner and that it was
made prior TO the transfer and that the
a debt is evidenced by a non-negotiable in
strrment and the instrument is not pro-
ment is made at the risk of the Debtor and
If ii turns out that the instrument has
been assigned and is held at the time of pay
valid one and will not discharge the payer
TOPPED in pals the following elements must
ment of material facts; tb) the representa-
ton must have been made with knowledge
of the facts; (c) the party to whom the rep
resentation was made must have been ig-
porant of the truth of the matter; Id it
must have been made with the intention
that the other party should act upon it.;
induced thereby TO act. A. Where 1t is the
duty of a party to speak silence is equiva-
lent to concealment.
2S19. City of Warsaw VS.. Fisher. Kos
ciusko c. G. Reversed. Comstock, c. j.
]. In an action for personal injuries coun-
sel for th dan may ,S in
PLAINTIFF TO call as a witness the physician
who attended plaintiff on account of the
is eG to- anu xPert W
ness. g. An expert witness in giving his
opinion must fairly state the facts upon
which he bases his opinion.
2S32 Life Insurance Company VS.. Bod
witha.. Miami c. c. Petition for rehearing
overruled.
Ross. Madison S. {. Certiorari granted. .
3151 Indiana Bond Company VS.. Shearer
Marion c. G. Motion to dismiss as to part
of aDpellees sustained.
1858. hatcher hatcher. Boone G.. c.
Transferred to Supreme Court.
Superior Court.
Room John l.. McMaster, Judge.
Charles Coulter Alice Wilson ct al: or
note. Dismissed for want of prosecution
Judgment against plaintiff for costs.
George Matthews VS.. Holt Ice and Colo
Storage Company Dismissed and costs paid
Carrie Warner VS.. Samuel Warner ct al.
support. Evidence heard and taken under
advisement
Room flames NJ. Leathers Judge.
Margaret c. Grams VS.. city of indianapolis
damages. Verdict by jury in favor Of plain
tiff for $500 after twenty-four hours delib
| GRAFTON.
William r. Bash VS.. John ]. johnson; ap
| peal from Teal justice of peace. On tria
| by jury
Room 3-Vinson Carter, Judge.
| Jesse Shelley VS.. Reuben Bailey; damages
| On trial by jury.
| Harvey Watts vs. Citizens Street-railroat
| Company; damages. Dismissed and costs
| paid
| Circuit Court.
Henry Clay Allen, Judge.
| Rebecca Ensey VS.. Walter Ensey, p. c.
| c.. & ST L. r. r. Co.; for support. Dis
| missed by plaintiff and costs paid.
On motion of Smiley NJ. Chambers, Marion
| q. Lewis admitted 10 bar.
| Allen f. Smith VS.. Edwin s. Knox
SANDER. Dismissed by plaintiff. Judgmen
| against plaintiff fer costs.
State ex rel. Harry Ridenbaugh VS. Charlie
| A. Clark, Justice of peace: for writ of pro
| hibition. Dismissed by agreement and judg
| ment against plaintiff for costs
| Sarah Campbell VS. Katherine Gal
iagher; Islander. Submitted to jury. Evi
dence heard in part.
| New Suits Filed.
Albert G. Newhouse VS.. Lena Newhouse
divorce. Superior Court, Room i.
| Amos w. Lintner VS. Arstema Iintner
divorce Superior Court Room 2.
| William Rouse ct al VS.. Henry Huber c
| Court.
Robert L. Armstrong VS.. r. G. KELSEY G
| al; sult 10 recover money wrongfuly cor
verted. Superior Court, Room g.
| William r. McClelland vs.. r. c. Kelse
Room g.
Jacob Kirch VS. Robert Freund: suit O
note superior Court, Room l.