The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-26
HIGHER COURTS RECORD.
SUPREME COURT.


1855 Albany Land Company VS.. Rickel.
Delaware Circuit Court Affirmed. Hadley
il. Under Clause of Rule Y OF this
court only such interrogatorieS and an
ties may be considered on appeal III pass
ing upon the ruling of the trial court upon
a motion for Judgment upon interrogatories
notwithstanding the general verdict. 2.
Special facts found by the jury in answer TO
interrogatories will not prevail against the
general verdict, unless such special facts,
when considered OF themselves, and after
INDUCING all reasonable presumptions
against them, are found inherently re-
pJsgnant and inconsistent with the general
verdict, supported by all reasonable intend
ments that they cannot be reconciled there
with, and one of the other necessarily
erroneous. 3. Any fact that might have
be considered as proved in determining the
legal force OF the special findings as against
the general verdict 4. When partner
ship is employed it is the partnership that
Is engaged as agent, and not the individual
members; and in the absence of anything to
show the contrary intent, either partner
may execute the power, and his act is the
act Of the partnership and in strict pur-
suance of the power. .. Where partner
ship has been employed as an agency and
the principal assents to an assignment of
the interest Of one partner to the other
IL is equivalent to an agreement to sub
stitute the assignee for the assignOr 6.
Where the answer TO an interrogatory is
that the evidence is not conclusive Ii
amounts TO nothing at all, but implies that
there was evidence upon tnar point but IL
did not reach that degree of cogency and
force that may be termed conclusive.
z. Section 5S1, Burns's r. s.. 1901. empowers
the court when the business OF the court
requires it. TO empanel a special Jury for
the trial Of any cause.
1921. p. c.. c. & st. L. Railway Com
pany VS. Wilson. Porter Circuit Court.
Petition for rehearing overruled.
20o01. Aetna Insurance Company VS.. Stry-
ker. Pulaski Circuit Court. Transferred to
Appellate Court.
Minutes
2Ol76 Winfield S. Sewers ct al. VS.. c.. R.
q NJ. r. r. ct al. Miami G. c. Appellants
cross-errors.
ct al Warrick c. G. Appellees' brief CS)
20a01. The Aetna Life Insurance Company
VS.. Jacob Stryker. Pulaski G. C.. Trans
ferred TO Appellate Court, No. Sill.
APPELLATE COURT.
1918. Krause VS.. Board of School Trustees
Bartholomew Circuit Court. Order deny
ing petition to transfer set aside.
4579. School Township VS.. Hall. Lawrence
Circuit Court. Appellant petitions TO re-
1914. Stewart VS.. Knight & Co. Marion
Superior Court. Oral argument March is
Minutes
1850 Elmlra ]. Whitesell ct al. VS. Eliza
beth Strickler ct al Hancock G. c. APP
pellees' counter affdavits on motion to pro-
hibit. Appellees' motion to strike out ex
1919. City of Indianapolis VS. William
Cauley. Marion S. c. Appellees additional
400. The Mondamin Meadows Dair,
Company VS.. Henry r. Brudi ct al AIeI
s. c. Appellees' brief 8D
4519. Mitcheltree School Township o.
Martin County VS.. James X Hall. Law
renee c. c. Appellants petition 10 remov,
to Supreme Court
$3.50. Indiana Natural Gas and OIL Com
pany vs. Drew b Pierce. Grant G. c. Ap
pellant's additional authorities (0 on peti
ton.
Ass. Edward +. Claypool VS. German
Fire Insurance Company of Indiana Ma
rion S. c. Appellees brief (S) on petition
for rehearing.
New Cases
Sill. The Aetna Life Insurance COmpan,
ct al. VS. Jacob Stryker Pulaski G c
Transferred from Supreme Court. No. 2O2Ol
5i72. Southern Indiana Railway COmDan,
VS. the City OF Bedford Lawrence g G
Transcript. Assignment of errors. In term
Bond.