The Indianapolis journal., 1903-05-20
AMUsEMENTs.

evidence is erroneous and for which the
cause may be reversed: The force or cir
cumstantial evidence being exclusive in its
character, the mere coincidence OF gwen
number OF circumstances with HYPOTHESIS
of guilt, or that they would account for or
concur with or render possible the quit OF
the accused. is not admissible as test, un-
less the circumstances rise to such a de-
gree OF cogency and force as in the order
OF natural cause and effect. TO exclude 10
moral certainty every other hypothesis eX-
cept the single fact of guilt; the proof
must not only coincide with the hypothe-
sis of guilt, but IL must be consistent with
every other reasonable conclusion, II be-
ing apparent that the court inadvertently
used the word consistent" instead OF in
consistent"
2O02S. Winklebeck VS.. Winklebleck. Cass
c. c. Reversed. Hadley. C. il. 1t is
proper to refuse an instruction which is
not applicable to any issue an the case. 2
In an action by married woman upon
promissory note executed in the State OF
Illinois the presumption is that the prop
erty for which the action is brought be-
longs to plaintiff exclusively, and reason
on account of her coverture why defendant
should not perform his agreement, or why
she should not maintain the action. should
be set up in answer. 3. The following IN
struction Is erroneous and for which the
cause is reversed THAT when witnesses
are otherwise equally credible and their
testimony otherwise entitled TO equal
weight greater weight and credit should
be given to those whose means of informa-
ton were superior and also to those who
swear affirmatively to a fact, rather than
those who swear negatively, or TO want
2OOS7. Seymour Water Company VS.. City
of Seymour. Jennings c. c. Appellee
granted until Sept. 1. 1903. to file brief:
20ll3. Cruthers VS.. State OF Indiana.
Hamilton c. c. Oral argument postponed
until June 5, 1903.
2O077. Bernard Levin ct al. VS.. Florsheim
& Co. ct al Vigo G. G. Appeliees petition
for extension of time granted and ten days
2o1l3. Tyler Cruthers VS.. State Of Indiana.
Hamilton c. c. Notice for postponement of
oral argument; Oral argument postponed
until June s. 1903. Notice.
1914. John c. Rubey ct al. VS.. John
Haugh ct al. Randolph c. C.. Appellants
petition to reinstate appeal and affidavit.
APPELLATE COURT.
47S1. Parkinson, trustee. VS.. Telephone
Company. White c. c. Reversed. Black,
cause Of its omission from taxation in pre-
vious years is derived from the statute! 2.
A telephone company may be assessed To-
cally upon tangible property which has
taxation for the years 1897 and 1895.
All. Moss VS.. Sugar Ridge Township.
Clay c. c. Reversed. Roby. G. J:-Where
labor or property upon a contract made
without dull formality, or which it had no
authority to make, and which it refuses TO
person comforting the benefit. to the extent
of value of what has been received and
appropriated unless the contract was pro-
hibited by statute or in violation of pub
lie policy.
4406. c. & B. Stone Company VS.. Nelson.
Owen c. c. Appellant granted leave to
amend statement in brief.
1904. Consolidated Stone Company VS..
Stages. Greene c. c. Same.
AIS. De Motto VS.. City of Valparaiso.
Porter c. c. Leave granted Don A. Salyer
to file brief.
Minutes
ATS. Mark L. De Motto VS. City of VAL
paraiso. Porter c. G. Petition of Salyer to
file brief granted. Appellants additional
brief g. Salyer.
47l0. Penn Mutual Life Insurance Com
pany of Philadelphia VS.. Ida A. Nercross.
Vanderburg c. c. Answer of appellee to
assignment of errors. Appellee's brief (s)
4742. Henry Hinshaw Hunt ct al. VS..
Eliza Hinshaw, Administrative. Randolph
c. c. Appellants brief 8)
1857. Hulda A. Stout vs. William Camp
bell Company. Marion s. c. Appellant S
petition for leave to file reply brief a.
1926. Lewis H. Jordan VS.. William Nor
rison. Boone c. c. Appellants petition and
brief (O for rehearing.