The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-26
HIGHER COURTS RECORD.

19S0S. Vernon. etc, Co. VS.. Martin. Adams
G. c. Reversed Bowling. 1.-THE conditions
In fire insurance policy requiring each
party to the contract TO select an appraiser
and the two to select a third to adjust a
loss is not waived by reason of the fact
that the two selected cannot agree upon
the third member. In case the two cannot
agree II is the duty of the parties to select
a new set OF appraisers.
1888 Wine VS. Woods. Kosciusko c. c.
Affirmed Monks. il. In an action to re-
cover damages for a breach Of the cove
nant of seisin the burden of proof rests
upon the grantee TO show that the grantor
had no title 10 the real estate at the time
of the attempted conveyance. q Where a
statute requires in the execution of fay
deeds that the county and State be named
therein grantOrS the statute must be
complied with 10 make such a conveyance
valid.
1871 Brown VS.. Glow. Clinton c. C. Peti-
ton for rehearing overruled.
1928. T. H. ~ l. r. r. Co. VS.. Williams
1890. Chappell VS.. Oil Co Jasper c. c.
Thirty days additional time given.
Minute
1923 The Terre Haute & Indianapolis r
r. CO. VS.. the State OF Indiana Elk rel. VIII
liam A. Ketcham, attorney general. Ma
rion s c. Appellee's brief in support of
cross-errors.
New Case
1919 Robert A Parkinson, treasurer. etc.
et al. VS.. Jasper County Telephone Co.
Ors.
APPELLATE COURT.
3799. Citizens Street-railroad Company VS.
Hamer. Marion s. c. Petition for rehear-
ing overruled. ROby, il. There can be no
reversal where the merits of a cause have
been fairly tried and determined in the
court below and il is the duty of every
court in every stage Of an action. to dis
regard any error which does not affect the
substantial right of the adverse party. 2.
Where the record afiirmatively shows that
the verdict is right upon the evidence a
judgment will not be reversed because the
court has erred in the instructions given TO
the jury.
1927 Outlet VS. Outlet. Washington c. c.
Reversed. COmstock, c. il. On promise
TO pay for services by WILL a cause of ac-
ton therefor accrues al the employer 5
death and the statute of limitations does
not begin To run until the death of the
prOmsOr. but in action for such serv-
ices plaintiff must aver performance on
his part p When services were rendered
by a minor in order for him TO recover
therefor he must aver emancipation.
1886. HOyle VS.. Stellwagen. Lake S. c..
Reversed. Black, J.-When performance of
a special contract is stopped by direction
Of the employer, the contractor may re-
cover for what has been done upon a
Quantum meruit. treating the contract as
rescnded, though the recovery cannot ex-
coed the value of the services at the con-
tract price.
1859 Dawson VS. Campbell Delaware c.
g Affirmed. Henley. il. The manner OF
keeping a public ditch in repair is fully
specified by statute. Such repairs must be
made between the first day of August and
November of each year. Notice must be
given TO the landowner prior To the first
of August. and the notice fixes the time
within which the work must be completed.
If the work is not done within the time
fixed in the notice IL is made the duty OF
the trustee 10 proceed to complete such
work and certify the cost thereof to the
auditor OF county.
3Sq1 Threshing Machine Co. VS.. Minikan.
Hamilton c. G. Affirmed. Robinson, Y. il.
To question the sufficiency of any para
graph of a pleading by an assignment OF
error, il must be assigned that the plead
ing as an entirety is insufficient ,. The evil
dence must be in the record 10 present
questions depending upon the evidence for
decision
37S2. Nichols VS.. state OF Indiana. Marion
Grim. Affirmed. Wiley. il. An affidavit
charging a person acting as an agent for a
designated lottery scheme Is sufficient
when II is charged in the language of the
statute defining IL. ?. A motor In arrest OF
judgment must be in writing ~ a crimi-
nal cause III leave TO file a BIZ ~ Keep
tions Is not given until after the 1uo sment
IS rendered, the bin will not be a part of
the record. although filed within the time
allowed.
1881. Raines VS.. Raines. Putnam c. C. Dis
missed
800. Jarvis VS.. Hitch. Gibson c. c. Ten
days time given TO file brief
Sl5 Equitable Tr. Co Mlligan Mari
on :. c. Oral argument May q. 1902.
4oaS Clear Greek Stone Co vs. Dearmin.
Monroe c. c. Petition TO withdraw record
granted.
'4SO9. FabeI VS.. G. c.. c. & st. L. Ry. Co.
Marion c. c. Advancement refused
1854 Jones VS.. Wright. Madison c. c.
Dismissed
42OS Summerland vs.. summerlans Kos
ciusko c. G. Time extended for appellant
10 file brief