The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-07

which are important factors in testing his
rights duties and liabilities. 8. The object
In constituting written contract is to as
certain as far as possible the intention OF
the contracting parties. 4. In the absence
or promise in an application certificate
or the constitution or bylaws Of a mutual
society on the part Of the assured to pay
an assessment, which can be said to
create the relation of creditor and debtor
between the members and the society in
respect to assessments, the latter cannot
be collected by law to meet the obligations
or the society when the failure to pay the
same shall fpso facto terminate the con-
tract or insurance and result in forfeiture
OF the rights of assured TO all money and
benefits hereunder. 8. Societies organized
Tor the purpose or giving financial aid and
benefits to the widows, orphans and de-
pendents of a deceased member are treated
as life insurance companies, and the as
sessment therein to carry a risk is an in
debtedness against the insured in favor of
the society, and the payment of such as
sessments are conditions precedent TO the
performance of which the company under
Its contract continues to carry the risk as
originally assumed, and In the absence OF
anything to the contrary the insured has
the right to elect whether he will continue
to pay his premiums or assessments as
they become due or forfeit the contract,
and such failure does not authorize the So
ciety or its assignee to collect and enforce
payment by suits at law.
1922 Crawford VS.. Lawrence. Lake s.
G. Affirmed. Hadley, G. il. writ OF
habeas corpus is collateral remedy, and
in an assault upon the Judgment of court
of competent jurisdiction, this court, in the
absence of any showing to the contrary,
conclusively presume, In support OF mo-
tion to Quash the writ, that the court had
full jurisdiction of the subject matter and
that all the proceedings were according to
law 2. Where party goes to trial with
out objection. before a judge who assumes
to act under color of authority, he cannot
after judgment successfully make the OBJ
"a
petent authority in the trial of the case.
1886 Rock OIL Company VS.. City or WIN.
chester. Randolph c. c: Appeal dismissed
1928 City of South Bend VS.. Reynolds.
ST. Joseph c. c. Advanced.
1851. Maxwell VS.. Shirts. Boone c. c.
Motion to dismiss overruled.
1901. Reagan VS.. First National Bank.
Marion s. c. Leave to amend assignment
OF errors denied.
1912 Allen VS.. Hamilton. Decatur c.
G. Permission granted to clerk to affix his
seal to certificate.
APPELLATE COURT.
2556. Gemmeil VS.. Brown. Adams c. G..
Affirmed. Wiley, c. il. A promise of
marriage Is not a necessary element In sc!
duction. 2. The law presumes in favor OF
woman's chastity, and to maintain an
action for seduction 1t is not necessary for
a woman to prove her chastity, nor aver
the same in the complaint. 8. When one
change of venue is allowed or granted,
whether 1t is perfected or not, the party
who asked 1t can have no other. 4. In an
action for seduction 1t is proper to inquire
of the defendant as to his financial condi-
ton. 5. Courts of last resort will not re-
verse Judgment because OF an irregularf-
ty In the reading of a deposition. 6. When
construed as a whole the instructions COR
rectly state the law applicable to the plead
ings and the evidence the cause Will not
be reversed on the instructions, although
one or more. when standing alone. could
not be approved.
1851. Balm VS.. Trixltr. Wells G. c. Re-
versed. Comstock, il. When a bill of
is not necessary to make 1t or a copy there
OF an exhibit. 2. Reasons for new trial
which necessitate the weighing Of evidence
cannot be considered on appeal. 3. The
joint owner Of chattel cannot maintain
an action to replevin the same in his own
name.
3O13 Roane Iron Company VS.. Armstead
Manufacturing Company. Sullivan G. G.
Affirmed. Henley, il. An answer to a
complaint based upon promissory notes is
sufficient when it alleges that the plaintiff
is not their owner and has no interest
therein. but that they belong to the origi-
ferred to plaintiff for the purpose OF en-
abling him to bring suit on them and avoid
q defense defendant would have against
them in the hands of the original payers.
who are yet the owners of the notes. g
The trial court is in all cases permitted to
amend his special findings and conclusions
Of law at any time before final judgment
and during the period within which bill
of exceptions containing the evidence may
be filed. 3. When there is some evidence
offered to sustain every material fact found
by the court the Judgment will not be re-
versed upon insufficiency Of the evidence.
293S Whiteman, ETC., Co. VS.. Hornbrook.
Vanderburg s. G. Petition for rehearing
overruled
SUPERIOR COURT.
Room John l.. McMaster. Judge.
John Osterman VS.. Michael G. Fitchey:
to recover money. Finding and judgment
for plaintiff against defendant for s127. IL
Oliver M. Allen VS.. Indiana Trust Com
pany ct al; on account. Judgment on
verdict for plaintiff against Indiana Trust
Company for $236.T and costs. Judgment
for other defendants for costs.
Room 3-Vinson Carter, Judge
Joseph Hass VS.. Frederick NJ. Bachman;
damage. Dismissed and costs paid.
Adolph Coll VS.. Eureka Saving and Loan
Association. On trial by court.
CIRCUIT COURT.
Henry Clay Allen. Judge.
Joseph wambach VS.. William wambach's
Estate. Allowed for $500 at costs Of estate.
David Allen ct al a. . ys 3 sewei Webs
Judgment against claimant for costs.
Lars p. L. Poulsen VS.. Karen M. Foul
sen; divorce. Finding for defendant Dr.
NOTCe uSliieu. UTucIcus W pay lntO
court for defendants attorney fees $50 in
thirty days. Judgment against plaintiff
for costs.
In re petition of Frank A. Maus for
change of name. Submitted to court.
Evidence heard. Petition granted. Name
changed to Frank Maus Fauvre.
Eden H. Green VS.. Harry T.. Green's
Estate. Submitted to court. Allowed for
| SIS at costs against estate.
George Bernlocher, naturalized.
Margaret A. Sewice VS.. John r. Cowden
ct al. From Hancock county.
Rockford & Remster withdraw appear
ance attorneys for plaintiff. Plaintiff
| defauted. Dismissed for want of prose-
| cution. Judgment against plaintiff for
costs.
Joseph M Berauer, NJ. d. VS.. Andrew
| Zehe's Estate. Allowed by administrator
| for $45 at costs of estate.
Jane Il. Dickert VS.. Allen Shaw ct al.
| for possession. From j. p. Dismissed by
plaintiff. Costs paid.
| William +. Buschman ct al. VS.. Laurence
| 4. Allison; on account. Defendant de-
| faulted. Submitted to court. Finding for
| plaintiff. Judgment against defendant fol-
| $40 and costs.
| John 8. Weaver VS.. William A. Worley's
| Estate. Submitted to court. Allowed for
| $50 at costs Of estate.
Barth's Estate. Allowed for s224 at costs
| of estate.
CRIMINAL COURT.
| Fremont Afford, Judge.
| William Craig, James Terrence and Fred
Burnett: petit larceny. Defendant Tor
| renee arranged; guilty. Defendant nine
| teen years old Sentence suspended.
| Henry Stegmeier: violating game law
| Appealed from Smock, j. 2. Nollied.