The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-10
HIGHER COURTS RECORD.
SUPREME COURT.

1892. Seller VS.. Board of Commissioners.
De Kalb c. c. Reversed. Jordan, il
When county auditor acts as a member
of the Board of Review he is entitled to his
per diem compensation as provided by Sec
ton 1882. Burns, 1901. as a member of such
board. 2. Where person who is the in
oumbent of public position is required by
law to perform the duties of another posi-
ton not incompatible with the first, he, in
the absence of any provision of the law to
the contrary, is entitled to receive the COM
pensation attached by law to each of the
positions. 3. county auditor, by acting
as a member of the Board of Review, is not
acting independently of the Office of au-
ditor. 4. Where two statutes are passed at
the same session of the Legislature they
should be construed together, and, if posi-
BILE, each ought to be permitted to stand
and be enforced as enacted, and it is only
where there exists an irreconcilable con-
flict or repugnancy between the two acts
that a court is authorized to adjudge that
the later repealed, changed or modified the
earlier by implication. 5. The prime OBJ
ject in constituting statutes is to ascertain
and carry out the true intent of the Legis-
lature, and in constituting an act court
should not adopt view which will impute
inconsistency or absurdity to the action of
the legislative department Words and
phrases employed in the statute must be
considered in their literal and ordinary sig
nificance, and where technical words and
phrases are used with a peculiar and APP
propriate meaning these must be UNDER
stood according to their technical import,
unless in so doing the intent of the Legis-
lature will be defeated 6. An allowance
fixed by law at definite amount per day
to compensate a person for discharging
public duties certainly cannot be regarded
as fee within the accepted meaning of
that term, but falls more properly within
the definition of the term wages
1999S. Metropolitan Life Insurance Com
pany VS.. Brown. Johnson c. c. Reversed.
Gillett, IA person may take out a life in
surance policy upon his own life and legal
ly assign IL to third person, who may at
the insured's death recover upon the policy
20O13. Cheeseman VS.. Knapp. vigo s. c.
1859. Indianapolis, etc, Company VS.
Temperly. Marion S. c. Petition for re-
hearing overruled.
Minute
1889. Joseph Seifert VS.. State of Indiana.
Wayne c. c. Appellants waiver to file
ply brief.
2OO73. Indiana Railway Company VS.. Err
vim Hoffman. st. Joseph c. c. Record.
Assignment of errors. In term. Bond
APPELLATE COURT.
4soe Fabel VS.. C.. c.. c: & st. L. Rail
Wiley. Ill. Where right of action is
given by statute. in derogationf of the COM
mon law, il must be prosecuted by the per-
son designated by the statute. 2. Where a
given by statute of one State and IL is pro-
vided by such statute that the action must
be brought in the name of a party desig-
mated by the statute, the right may be en-
forced in another State having similar
statute, bot the action cannot be brought in
another State by any other party than the
one TO whom the right Is given by the stat
ute on which IL Is based.
Minutes
1896 w. Grant Riley VS.. Warner A. Ha-
worth ct al Clinton G. c. Appellants brief
(s) on petition for rehearing
M The sskeS Marion s. e
petition and brief (9 for rehearing