The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-27

insured. 2. An action on an insurance
policy may be commenced Immediately
after denial of liability. 3. 1t Is rot nee
essary hat pleas In bar be verified 4.
Overriding a motion TO strike out argu-
mentative denials is no cause for reversal.
5. If an agent OF an insurance company,
while acting within the scope of his au-
thority, fills the blanks OF an application
for insurance and ii contains a misstate-
ment not authorized by the party who
signs 1t, the wrong, II any, will be imputed
The extent 10 which a crOss-examination
may be carried is largely under the control
of the court and a cause Will not be re-
versed on account of the discretion exer-
cised by the court, unless IL appears that
such discretion has been abused TO the in
juring of the complaining party. Z. cross
examination of a witness must be con-
fined TO the general subject matter upon
which he testified on his examination In
chief.
2s15. Lafayette Carpet Company VS. STAFF
ford. Tippecanoe S. c. Reversed. Com
stock. i'll. In an action for personal In
appliance of machinery where 1t is alleged
that the injury was received without
fault on the part of plaintiff, the words
without fault" can only apply 10 prece-
ding statements. 2. Presumption will not
be INDUCED in favor of the pleader. g. A
complaint seeking damages for personal
injuries must show the defendant was
chargeable with fault and that the injury
va ga AN IN
result of such fault. 4. In an action grow
ing out Of the negligence OF the defendant
IL is not sufficient on the part OF plainun
TO show freedom from negligence on one
point out of several. but the care incum-
bent upon him must extend to all points
material to his course of action.
3l10. Columbia, etc, Association vs. Gross.
Floyd c. L. Petition for rehearing over
ruled.
3ll2. Hildebrand VS.. Stattley. ETC.. Com
pany. Marion C.. G. Petition for rehear-
ing overruled.
1907. State of Indiana VS.. Engle. Marion
G. c. Transferred to Supreme Court
SUPERIOR COURT.
Room John L. McMaster, Judge.
William A. Rookie VS.. Peter Negley.
Finding for plaintiff. Judgement against
defendant for costs.
Sarah Bryson VS.. Addison Roach ct al;
to quiet title. Finding that the plaintln
is the owner of the real estate described
in the complaint and is entitled to have
her title thereto as against the defendant.
Decree accordingly at plaintiffs costs
chanic's lien. Finding and decree for plain
tiff against defendant for SIS and costs.
Decree of foreclosure and order of SALE
Room Flames M. feathers. Judge.
Minnie NJ. Howard VS.. Edward M. How
ard: divorce. Decree granted plaintif.
Judgment against defendant for - per
week for support of child and costs.
Windisch Muhllhauser Brewing Company
VS.. Frederick w. Cant ct al; judgment.
Defendants defaulted. Evidence heard.
Finding and Judgment against defendants
for 81, 740.3 IS, without relief, and costs.
Room S-vinson Carter. Judge.
Marion Bond Company, Trustee. VS..
Franziska Krutman ct al; lien. Dismissed
and costs paid.
Ell Newsom ct al. VS.. Sylvester Widdle:
damages. Cause dismissed. Judgment
against plaintiff for costs on complaint and
against fine defendant for costs on the
cross-complaint.
Adolph Gall VS.. Eureka Saving and LOAF
Association; on intervening petition OF 7.
c. Whitcomb. On trial by court.
CRIMINAL COURT.
Fremont Afford. Judge.
Samuel +. Record and Harry Hall: petit
larceny and receiving stolen goods. Record
pleads guilty to petit larceny. Fine 81 and
Imprisonment in workhouse six months.
Nollied as to Hall.
ceiving stolen goods. Two indictments. Plea
of guilty to petit larceny. Fine 81 and i'm
prisonment in workhouse six months.
Harry Hall. Ciaud Dawson and Samuel
T. Record; petit larceny. Dawson pleads
guilty. Fine S. and sentenced TO workhouse
for thirty days. Hall pleads guilty Fine
81 n sentenced to workhouse for six
months. Nollied as to Record. Second in
Samuel T. Record and Claude Dawson;
petit larceny and receiving stolen goods.
Dawson pleads guilty to receiving stolen
goods. Age twenty. Sentence suspended.
Bert Whitesell; petit larceny. Plea of
guilty. Fine 81 and sentenced to workhouse
for thirty days. Sentence suspended in one
case and one nollied.
NEW SUITS FILED.
James Huffman VS.. Dorman Davidson ct
al: on note and mortgage foreclosure.
Supreme Court, Room 3.
Oren Green VS.. Matilda E.. Kattig; TO
set aside conveyance. Superior Court,
Room 3.
World Building. Loan and Investment
Company VS.. Patrick W.. Ward and Mary
A. Ward; mortgage foreclosure. Superior
Court, Room 2.
Peter Jockum VS.. Dilcie Rim ct al; mort
gage foreclosure. Superior Court, Room 1.
Bertha z. R. Urmston VS.. John @. Nc
Cullough ct al: damages. Demand, $1,000.
Circuit Court.
Nellie E. Warren VS.. Solomon /. War
rem; divorce. Circuit Court.
Elizabeth A. Hollingsworth ct al. VS..
Mary A. Mathews ct al; partition. Circuit
Court.
Leroy Brizindine VS.. George H. Click;
damages. Demand, $4,000. Circuit Court.
Joseph j. Dixon ct al. vs.. the Fraternal
Aid Associations; on policy. Superior Court.
Room 2
Ida Able VS.. Wolf Able; divorce Super
for Court. Room I.