The Indianapolis journal., 1899-02-15
THE COURT RECORD.
Supreme Court.

1870. Rodwen vs.. Johnson. Xanderbqrg
G. G. Affirmed. Monks, c. J.-Where life
insurance policy has been lawfully sold and
assigned it is beyond the reach OF pro
ceeGing supplementary 70 execution insti-
tuted by a creditor against the assignor, or
person insured; such proceeding being lnstl-
tuted subsequent to the sale of the policy.
1871. Bayse VS.. Bayse. Henry c; {. Re
versed. Baker il. Equity will relieve
against a voluntary deed procured by fraud
on the part of the grantee. 2. False repre-
SentatiOnS may consist of acts and words or
ent fact. 4. Equity will interfere when the
relation Of special confidence and trust be-
tween a husband and wife is abused by one
of the parties in order that she may acquire
all Of the others property and abandon him
3. Married women are liable for frauds prac-
ticed upon their husbands as we'll as for
former action pending is not in bar but in
1855 United States. etc, Association VS.
Brock. Delaware c. c. Publication or
1855. Foster vs. State, ex rel. Huntington
c. G. Transferred to Appellate Court;
1860. c. q s. z. Ry. Co VS.. Vert. Upton
c. c. Transferred to Appellate Court.
1890 Fidelity. etc. Co. vs.. City of AleXan-
dria- Madison c. c. Transferred to Appellate
Appellate Court.
2693 Ratternberger VS.. Click. Clinton c.
c. Affirmed. Robinson, J.-Where church
subscription was as follows I'VE the under
signed agree to pay the sums annexed to our
names 10 the treasurer of the Fair Haven
Evangelical Lutheran Church, Clinton cOun-
ty, Indiana, for the erection OF brick house
Of worship for said church, on the present
site of the Fair Haven Church" etc. Held,
That after signing and delivery the inStTu-
ment became binding on both parties, and
that the liability of each subscriber was in
no way dependent upon the liability of the
others. The promise of the churcn to sub
scrlber OF sum of money that the money
should be used in building upon a certain
tract OF land was q valid consideration for
the subscription and the contract could only
be enforced according to its terms and con-
0ltOnS. When contract is formed by
cnCfcn SUBSCRIPTION 1t cannot pc changed
without the consent of both parties to ii and
remain binding
2S57. Leach VS. Adams. Morgan c. 9.
Affirmed. ComstOck. il. A demurrer in
murs TO plaintff's amended complaint and
Tor cause of demurrer says that said
amended complaint does not contain facts
Sufhclent 20 constitute a cause Of action,
Horner's r. s. 1887 2 When a party APP
pears to an action as defendant and fails TO
discharge a rule to answer and IS detaulted,
such default is not without process. :. In
order 10 secure relief under the last clause
of Section 39g r. S. 1894. the complaint
should state facts sufficient to entitle plain
tiff to the relief demanded; and the mere
TACT that he was cefaultEd on account Of
failure TO discharge rule TO answer VIII
25ol Naglebaugh VS.. coal Co Sullivan
c. G. Petition for rehearing oyerruled
Z5S Thompson vs.. Henry. hendricks Z.
{. Transferred to Supreme Court.
a2l Town of Rochester VS.. bTwers. Full
ton G. c. Affirmed. Henley, il This court
Will presume everything in favor OF ,he cor
reetness OF the decision OF the trlal { lurt
complaint, in the lower court one of whish
Is sufficient and the lower court renders
Judgment upon the complaint, IN the absence
Of the evidence from the record Il viii be