The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-21
SUPREME COURT.


Daviess c. c. Reversed Monks, i'll.
When the Office of city attorney is depend
ent upon the Common Council for its exist
ence (as under Section 3476, Burns, 1S94), the
office may be abolished at any time by such
council and incumbent thereof discharged.
2. The act of common council in abolish
ing the office Of city attorney is the exercise
not inquire into the motive of such council
in the exercise of such power. 3. After such
office is abolished the person elected there
to Is no longer an officer of the city, and
does not become such officer by the subsec
ouent creation of such office.
1876 Wright VS.; G.: l. & L. Ry: co;
petition to modify mandate denied
1919. Pond VS.. Wood. Wells G. G. Trans
ferred to Appellate Court.
1924. In the matter of the disbarment of
Samuel w. Griffin. Hamilton c. c. Trans
ferred to Appellate Court.
1927. Hallagan VS.. Tanner. White c. c.
Same.
l9947 Johnston Glass Company vs. Lucas
Blackford c. c. Same.
Minutes
2oo79. Hannah E. Mendenhall ct al. VS..
The Diamond Plate Glass Company ct al
Howard c. c. Appelles brief 81
APPELLATE COURT.
1924 Wood VS.. American. etc, ms. Co.
St Joseph c. c. Affirmed. Henley. j.
his favor, upon the lives of persons in
whom he has no insurable interest he can
not recover from the company the money
$685. Simpson VS. Schultz. Clay c. c.
Affirmed. Roby. c. il. Positive evidence
which is not believed does not constitute
proof 2. 1t is the province Of the jury
trying case to weigh the positive as well
as the circumstantial evidence.
44l6 Thomas VS.. Dabblimont. Sullivan G.
c. Reversed. Comstock. il The i'm
for demurrer. 2. 1t is within the sound
discretion of the trial court to permit a
second paragraph Of complaint to be filed
after the first. g. A physician is bound
gree of skill possessed and exercised by
members of the medical profession practic-
ing in similar localities.
1897. Shroyer VS.. Pittenger. Delaware c.
G. Reversed. Robinson, il. Where
minor conveys real estate and receives no
part Of the consideration paid therefor be-
iore disaffirmance OF the sale she Is not
bound to restore the consideration. 2. An
infants conveyance of lands is not void,
put yoidable. and cannot be avoided or dis
he reseses oeradse OF homage merely until III
sale OF land by an infant upon reaching
majority need not be in writing. 4. Disaf
drmance does not consist wholly of some
intention, and Is accomplished when the
party. after full age and intending to dis
amrm. does some act OF positive and dis
tinct dissent inconsistent with the con-
tinued validity Of the contract made during
infancy. 5. The time within which a deed
must De disaff1rmed after an infant be-
comes Of full age depends upon the par
ticular circumstances of each case 6.
Where an amended complaint states a diff
ferent cause of action from that stated
In the original complaint, ii cannot be made
to relate back to the time of filing the orig
inal so as to defeat the operation of the
statute of limitations, but an amendment
which amounts to a restatement of the orig
maj cause or action does relate back to the
ming OF the original Z. A demurrer for
want Of facts does not reach the defect
OF several causes Of action being improper
ly united.
1857. Stout VS.. Campbell Co. Marion S.
c. .Appellee's motion to dismiss postponed
till final hearing, and appellant granted
leave to file reply brief
Minutes
470S. Daniel A. Coulter ct al. VS.. Anna
Bradley. special Administrative. Clinton c.
1882. Peoples State Bank VS.. Frank X
Ruxer. Spencer c. c. Appellee's petition
and notice for certiorari.
1887. Hulda A. Stout VS.. William Camp
bell CO, Marion s. c. Appellants reply
New Suits
1927. Terre Haute Electric Company VS..
Thomas Watson. Clay C. c. Record. AS
signment of errors. In term. Bond
4s2s. Felin- F. Pond VS.. Kelley B. Ward
perior Court. Ne 1898
1929. In the matter of the disbarment of
Samuel NJ Griffin. Hamilton c. c. Trans
ferred from Superior Court. No 1924
1880. Patrick Hallegan vs.. George w.
Tanner ct al. White c. c. Transferred
from Superior Court. No. 1897.
Noah Lucas. Blackford c. C. Transferred
from Superior Court. No. 1891