The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-21
HIGHER COURTS RECORD.
srPREAIE COrRT

1871. International. etc. Association VS..
Watson. Adams G. c. Reversed. Jordan,
c. il Facts creating an estoppel TO be
available must be specifically pleaded. ?.
In order for a married woman 10 be re-
lieved from a surety debt il is not necessary
10 allege that the payee had notice that
she executed the contract as a surety only.
B. The declarations or admissions of an
alleged agent are not competent 10 prove
the agency or authority 10 act in the
premises. 4. II is only where agent is
acting within the scope Of his agency that
acquired knowledge relating 10 any trans
action in which he has been given the con-
troll or management by MS principal is no
tice TO the latter
1926. Hays vs. Pugh. Trustee Hancock
G. G. Dismissed. Monks, il. In Vaca-
ton Of appeals this court only acquires
Jurisdiction over the parties to a judg-
ment adverse TO appellants who are named
as appellees in the assignment of errors
and who appear or are properly served
with notice ?. If an Intellectual notice TO
an appellee for any cause requires addi-
tiOnal steps to be taken by an appellant he
is not entitled 10 an indefinite time 10 take
1870. Modern WOodmen VS.. Nayes Steu-
ben c. c. Affirmed. Gillett. il Where
foreign fra ternal and beneficial corpo-
ration has failed 10 comply with the stat
ute requiring a certified copy of a vote or
resolution of the board of directors consent
ing that service Of process in any suit
against such society might be served upon
the auditor OF state, as required by Sec
ton 1914, Burns, 190l-Sec. 70. Acts 1897 D.
318-service with process under the code
is sufficient, for said act only applies to
foreign life insurance companies as are
doing business in this State under the pro-
visions of said act 2. An exception to the
payment of life Insurance policy upon
the grounds Of self-destructiOn of the in
sured need not be nesatived in the COM
plant when the policy provides that self
destruction shall relieve the company from
payment. but is a matter Of defense to be
alleged and prOved.s
1885 Indiana. etc. Gas Co. VS.. Ball
Boone c. c. Petition for rehearing over
1882 State ex rel Hart. VS.. Commercial
Ins. Co Marion S. c. Oral argument on
1879 Demaree VS.. Bridges. johnson c.
c. Transferred to A. G.
New Case
1889. Joanna NJ. Lane VS.. Edward Patton
ct al Montgomery c. c. Record. Assign
ment of errors o. Joinder.
APPELLATE COURT.
$3.50. Durkes VS. Bash Allen S. c. At
frmed. Henly. il. Where a contract
only creates an agency requiring personal
service. the relief for a breach of such
contract is confined to an action for dam
ance cannot be maintained to compel the
performance of personal service.
3640. Bedford Quarries Co. VS.. Thomas.
Lawrence c. c. Judgment ordered as of
date of submission.
1927. Tobin VS.. Tobin Marion S. c. Oral
argument on June T. 1902.
+. EfODdSCO.
Whitley c. c. Petition for rehearing over
ruled
1921. Nichey VS. Zonker steuben c. C.
Certiorari granted and issued.
4311. Smith VS.. Tate. Green c. c. Thirty
days additional time granted.
1919. London Guar. and Accident Co. VS..
Seivy.
Minutes
4311 Joseph G. Smith ct al VS. Lewis c.
Tate ct al. Greene g. G. ADpellees' petit
ton for additional time. Granted thirty
days.
B. Bentley, executor. Clark c. c. APP
pellants' reply brief 50
1850. Laura B. Thornbury. Administrative,
ct al. VS.. the Aetna Life Insurance Com
pany ct al. Fulton c. c. Appellees'
42i4. William H stephens. auditor. ct
c. Appellees additional authorities 81
1919. The London Guarantee and Acct
dent Company, limited VS.. Mike Sievy.
Lake c. c. Appellees petition for addi-
tional time. Petition granted and time ex-
tended TO June I, 1902,
3799. The Citizens Street-raiway Com
pany VS.. Raymond J. Hamer. by his next
| friend Marion S. c. Appellants petition
to transfer 10 Supreme Court.
New Cases.
4446 William Stars VS.. Louis Hammer
smith ct al. Clark G. G Record Assign
/ Appellants brief (S)
4447 William w. Demaree ct al. VS. Will
/ liam A. Bridges. treasurer, ct al. Johnson
/ c. c. Transferred from Supreme Court
/ (No. 1922
/ 4i4s. Logansport and Wabash Valley Gas
/ Company VS.. Marietta E Ross. Grant c.
/ c. Record. Assignment of errors In term.
\ Bond
| 4449. Indiana Natural Gas and Oil Com
/ pany VS.. Edward Y. SaXton. Grant c. G.
/ Record. Assignment of errors. In term.
/ Bond
/ 1850. Indiana Natural Gas and Oil Com
| pany VS.. Drew B. Pierce Grant C. c.
/ Record. Assignment of errors In term.
| Bond