The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-06
HIGHER COURTS RECORD.
SUPREME COURT.

1880. Frankel VS.. Michigan, etc, Insur-
ance Company. Hendricks G. c. Afhrmed.
Bowling, il. In an action by an agent
against an insurance company for a per
centage of subsequent paid premiums, AFTER
the termination of the contract of employ
ment between the agent and company,
which contract provided upon its termna-
ton such agent should be entitled 10 such
compensation. the agent cannot recover
when II is further provided that on account
of a breach of the contract or by failure 10
do certain things, if required, he thereby
~forfeits all rights Hereunder and II is
shown that the agent terminated his con-
tract by a breach of such conditions. 2.
Where a suit is based upon a written con-
tract, which is filed with the complaint as
an exhibit, in pleading a defense arising
out OF the same contract ii is slifhclent 10
refer 10 the contract as an exhibit, ALREADY
on file. 3. Where by contract OF employ
ment il is made the duty of an agent TO
pay over and remit all moneys collected by
him Immediately after collecting them, on
failure to do so the employer may sue the
agent at once for breach of contract.
1874. Fenstermaker VS.. Holman. Grant
c. c. Affirmed. Monks, il Only a life
estate in land will pass TO a devisee, unless
ii affirmatively appears from the will that
a greater estate was intended. Z. Where a
~testator in clear and distinct terms pro,
vided that at the death Of his wife the real
estate devised TO her should go to certain
other heirs. his widow only took a life es-
tate in the land devised TO her.
1920. Whittenberger VS.. Bower. Hunt
ington C.. c. Leave granted to index.
1925. T.. H. & /. Railroad Company VS..
State ex rel. Ketcham. Marion S. c. APP
pellee given sixty days from date to file
brief.
1915. The p, c., C. & st. L. Railway
Company VS.. Ernestine Machler ct al. La
porte 6 C. appellants points 80 APP
New Case
1878. Nappanee Canning Company ct al.
VS.. Reid, Murdoch x Co. ct al. Elkhart G.
C. Transferred under act of 1901 from APP
pellate Court (36S5)
APPELLATE COURT.
BIS. City of Indianapolis VS.. Board of
Church Extension. Marion S. c. Affirmed.
Wiley, Jan acceptance by a city of a
part of a street shown on a recorded plat,
and repeated improvements of such part
for over fifty years, is an abandonment or
REIMBURSEMENT of that portion not occupie
or improved.
1902. Tucker VS.. White. Johnson C. c.
Reversed. Comstock, c. IA guardian OF
minors cannot. in his official capacity,
bring an action to recover possession of
real estate belonging to his ward.
3412. Shewalter VS.. Hamilton Oil Com
pany. Jay c. c. Affirmed. Black, il.
In order for a party to recover the evil
dence must sustain the theory of his COM
plant. 2. An objection that a question is
incompetent and immaterial, and did not
tend to support any of the issues joined in
the cause, is not sufficiently specific to pre-
sent any question on the admissibility of
the evidence.
3475. Sutton VS.. School City Of Montpelier.
Blackford c. G. Affirmed. Henley, 1.-THE
board of trustees of an Incorporated Town
cannot assess school property for the con-
~struction of a street in front of IL, nor can
a school city contract for the construction
of such street.
1856. Canning Company VS.. Reid-Mur-
dock Company. Elkhart G. c. Transferred
to Supreme Court.
34S1. Carlin VS.. Leary. Marion c.. G.
Transfer to Supreme Court denied.
Minutes
1872. Mary j. Wagner VS.. Rebecca s.
Carskaddon. Marion S. G. Appellants
brief on appeal from Appellate Court a.
1915. John P. Evans VS.. Olive l.. Odem
ct al. Allen c. G. Appellees' objection &c
motion to amend, etc.
1922. Consumers Gas Trust Company VS.
American Plate Glass Company ct al. APP
pellees' petition for oral APP
pellees' petition to advance.
3544. South Chicago City Railway Com
pany VS.. Charles Zerler, sr. Laporte S. g
Appellee's brief (S.)
1923. The Wabash Railroad Company VS.
Cincinnati, Richmond & Muncie Railroad
Miami c. c. Appellants brief () on mo.
ton to dismiss.
New Case
1882. Peoples State Bank VS.. Frank X
Ruxer. Spencer c. c. Record. Assign.
ment of errors.