The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-12
THE COURT RECORD.
SUPREME COURT.

C.. Affirmed. Jordan, i'll. In appeal by
an aggrieved party from decision of a
board of commissioners ordering the con-
struction of free gravel road, under act
of 1893. p. log, and as amended by acts OF
1895, +. 143, the transcript certified by the
county auditor to the clerk of the Circuit
Court should show the filing OF the az
fdavit of the aggrieved party. the appeal
bond and its approval by the auditor. 2
Where an aggrieved party attempted to
appeal from a decision of the board OF
county commissioners, and delayed perfect
ing their appeal for several months and
furnished no excuse for the delay, and
when after the appeal bond was filed said
party instituted an action for injunction
the Circuit Court was abandoned, and any
right to perfect the appeal was waived.
|. 1902 Lightcap VS.. Town OF North Jud-
son. Pulaski c: c. Reversed. Baker, j.
1. Delivery and acceptance are necessary
to complete the execution of a deed of
conveyance. 2. To constitute a dedication
of a piece of real estate to the public or
town authorities, In order for the latter to
acquire any rights over the property. there
must be a dedication or offer Of the land
by the owner for street purposes. and an
acceptance of the offer or dedi-
sasGn by Public s ar by the case Fse
offer is not accepted the owner may with
| draw the same. and those who procured
| the offer to be made cannot compel the
public to accept 1t; and conveyance be-
| offer to dedicate.
APPELLATE COURT.
| 1885, Boice VS.. Rabb. Marion c. c.. AZ
| firmed. Robinson, il. The fact that
stockholders in building association with
ssnment 0 for the beDefit of creditors and
were allowed at the time OF withdrawal
| certain credits. cannot AFFECT the status of
| stockholders at the time OF the assign
| ment z. Where building association
4 a1xos a
| of stockholders at the time of the assign
| ment should be determined, If possible,
from the standing of each stakeholder
| at that time, and the fact that the Of
| ficers Of the association paid fictitious div
| idends to persons who are no longer MEM
bers Of the association, can have no con-
| trolling influence in the closing up of the
association as insolvent. g. In arriving at
| a rule of mutually and equality among
| nonborrowing stockholders in an insolvent
| association the first thing to be determined
| is the amount of dues the stockholder has
paid in, and next, whether that sum had
been increased or had suffered diminution
| at the time of the assignment, all OF which
are facts to be determined from the evil
deHce
| 2s7S Commercial Travellers Association
vs. Springsteen. Marion s. c.. Affirmed
Comstock, il. A condition in an insur-
ance policy requiring a certain Kind or no.
| tice to be given to the insurer in case or
accident may be waived by the company
| by accepting other proofs and notice, as
| the company has the right to accept any
| information upon the subject as sufficient
3. It is sufficient to plead facts con-
| stituting a waiver without averring
| that the conditions were waived.
| The mere fact that a person while rid
| ing a bicycle voluntarily against heavy
| wind was not looking ahead to see where
| he was going, and ran into wagon and
was injured, although had he seen the
wagon he could have avoided the col
| lision, does not make the injury one re-
| oeived from voluntary exposure to I'M
necessary danger" within the meaning Of
| an accident insurance policy. when 1t is
shown that the injured party was not
conscious of the existing danger at the
| time of the accident, and that he did not
| knowingly and Intentionally assume any
| risk nor Intentionally take chances of col
| liding with the wagon, knowing OF its pres
ence. 4. Where a policy of insurance is
| capable of two constructions the one most
| favorable to the insured must be given.
| s. A clause in an insurance policy which
/ provides that there shall be no recovery
| except for total disability, only requires
| that the insured be disabled to the extent
| that he cannot do any and every kind or
business pertaining to his occupation
| SUPERIOR COURT.
| Room 1-John L. McMaster. Judge.
| Cooperative Foundry Company VS.. Sam
| uel r. Wells ct al. On bond. Plaintiff dis
| misses; costs paid.
LYDIA McFerrin VS. James McFerrin.
Divorce Finding and decree for plaintiff
i at her costs.
| Louisa Bossert vs. Louisa Fisher ct al.
| To quit title. Finding and decree for plain
| tiff, quieting her title to the real estate
| described in complaint.
| Indianapolis Manufacturers and Carpen-
/ ters' Union VS.. Lincoln Miller ct al. Me-
| chanics' lien. On trial by court
Room FLAMES M. feathers, Judge.
Emily A. league VS.. Citizens Street Rail-
| road Company. Damages. On trial by
| jury. Further evidence heard and con-
tinued.
CIRCUIT COURT.
Henry Clay Allen. Judge.
c., c., c. & ST. L. Railroad Company VS..
Harry Roberts. On account. Dismissed at
plaintiffs costs Costs paid.
| Albert Kantiowitz VS.. Mechanics Mutual
| Savings and Loan Association No. 2. Re-
ownership Receiver files petition to sell
real estate to Jessie Healy. Granted.
Mary c. Evans VS.. Franklin G. Newccm.
| Libel Damages, $4,000. Dismissed by
| plaintiff. Judgment VS.. plaintiff for costs.
r. A. Wells VS.. John Streight ct al.
Judgment on special finding against plain
| tiff for costs.
Elizabeth Tankford VS.. Cynthia A. Tank
fords Estate. Jury returned verdict for
| claimant for s1,536.
NEW SUITS FILED.
Amanda c. Roberts VS. Leland p. Rob-
Joseph Kelly, guardian, VS.. Minter Glenn
ents. Partition OF real estate. Circuit
Court.
William w. Presley vs. L. Kaminsky.
Mechanics lier. Superior Court. Room /.
| William Harrison VS.. New York Invest
ment Company ct al. Mechanics lien. Su-
perior Court, Room 2.
Edward j. Mahoney VS.. David j. Leahy.
| Mortgage. Superior Court, Room 8.
|