The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-15
HIGHER COURTS. RECORD.
SUPREME COURT.

1880. Deane VS.. State. White c. c. Dis
missed Jordan, il. When person is in
dicted and convicted under Section OF the
liquor law of 1895, when no construction OF
statute is involved, there is no appeal
therefrom. 2. THE proper construction OF
statute" cannot be said to apply to or pm
clude a statute which is plain in tits
terms and provisions as TO leave no room
for judicial construction
1859. German etc. Insurance Company VS..
Pitcher. Vanderburg 5. G.. Affirmed. Gill
lett, III. An adjuster who has been sent
for the express purpose of adjusting loss
by fire has authority to waive a provision
OF a fire insurance policy concerning PROOF
of loss. 2. In adjusting fire insurance la
bilities, in cases that rest upon conduct,
by the insurer, during the time that proofs
of loss may be made, acts that by neces-
sary implication gives the assured to UNI
derstand that proofs OF loss need not be
furnished such acts are waiver, per Sc, or
the right of such proofs. And, If before the
time for furnishing proofs or loss mas ex-
pired, an insurance company denies liabil-
ity upon the policy, the assured can only
infer that 1t would be a useless act to sub,
NIT proofs of loss, and the company Will
not be permitted to afterwards object that
such proofs were not furnished. III, during
such time, the company puts its REFUSAL 10
settle on other grounds, and not on the
grounds that proofs of loss have not been
furnished, II will not be permitted 10
change its ground in court to the extent OF
insisting upon a condition in its policy, in
the nature of forfeiture that Is too late to
comply with. 2. A refusal to pay claim of
loss because IT is excessive may be waiver
of the furnishing of proofs of loss, as much
as where the refusal is put on any other
ground
1901. Oster VS.. Broe. Benton c. c. At
firmed. Monks, il When a person brings
an action and RECEIVERS the cost of con-
structing tile ditch, under an oral con-
tract or license therefor, he cannot after
wards insist upon the easement afforded by
the ditch. 2. A party who brings suit and
| RECEIVERS judgment thereon cannot after
wards insist that IT was procured by fraud
ties until set aside in the proper manner.
1891. Emerich VS.. Miller. Wabash Z. Z.
Petition for rehearing overruled;
| ferred to Appellate Court.
| 1883. Annie E. Taylor VS.. Edward Pat
| ton ct al. Montgomery c. G. Appellants
petition for additional time to file reply
| brief.
1889. wanna NJ Lane VS.. Edward Patton
tition for additional time to file reply
brief.
Bennett. warrick c. c. Appellants brief
In opposition to appellee's motion to dis
| miss 60
1868. Chicago, Indiana & Eastern Rail-
way Company vs.: Indiana Natural Gas and
| Oil Company. Grant G. G. Record. AS
signment Of errors. In term. Bond.
| APPELLATE COURT.
3945. Wayne Township VS.. Jeffery. Marion
S. c. Affirmed. Roby, 1.-THE statute al
lowing damages from the township for
| sheep killed by dogs applies to sheep
brought into the township temporarily to
be prepared for market, and the township
| in which the sheep are destroyed Is the one
liable for the damage.
1908 Indiana Railway Company VS.. Wads-
worth. Elkhart c. G. Affirmed Robinson,
! il. A new trial will not be granted on APP
peal upon the weight of conflicting evil
| dence
$685. Littell VS.. Burns Clark c. c. At
| firmed. Comstock, il. In partition pro-
ceeding the husband or wife of a cotenant
! is not required to be party. 2. Every reas-
enable presumption win be INDUCED in IA
vor of the correctness of the rulings of the
| trial court.
4lss. Renard VS.. Grande Marion C. C. Pc
| tition for rehearing overruled.
4443. Webster VS.. Major. Putnam G. G.
| Appellee's time extended to Dec l, 1902.
ALSO. Trent vs. Edwards. Owen c. c. Same.
4012. Logansport. etc, Company VS.. OFT.
| 407s. Diamond, etc, Company VS.. Cuth-
| bertson. Clay c. G. Oral argument Nov. q,
| 1902.
4OS3. p, c., c. & st. L. Railway Com
ment Nov. 10, 1902.
Minutes
44l6 George A. Thomas VS.. Elizabeth
| Dabblemont, administrative. Sullivan G.
C. Appellee's petition for leave to file
ASH. The indianapolis G. Greenfield Rapid
| Transit Company VS.. Jacob Nj. Haines.
Henry c. c. Appellee's brief 80
4562. Patrick q. O'Brien VS.. Joseph L.
| Higley ct al. Madison S. c. Appellant
| brief (S)
44S2. Edward F. Claypool ct al. vs. Theo-
dore Stein; trustee. etc. Marion s. c.
| Appellee's brief 80
44s3. Edward F. Claypool VS.. German Fire
\ Insurance Company of Indiana. Marion
| s. c. Appellees brief (S) and copies OF
appellee's brief 90 in 44s2.
| 442S. The Norton-Reed Stone Company vs.
| Oath Steele, administrator, etc. Orange
| c. G. Return to leave to amend, etc.
4470. VIM. c. Lancaster ct al. VS.. Franklin
| p. Mckinley. Miami c. c. Application for
| supersedeas. Supersedeas. Bond.
| New Cases.
4617. State ex rel. Romus f. Stuart eft al
| VS.. Sterling r. Holt ct al Marion C. G.
| Transferred from Supreme Court Q977O)
461S. Indianapolis Street-railway Company
VS.. Bertha A. Marschke. Marion S. G. Rec
ord. Assignment of errors. In term. Bond