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4. Same.-- Repayment of Premium.- Cancellation of Policy:—Answer.— Repay.
ment of unearned premium and a cancellation of the policy constitute
Where a policy expressly and fully provides that a failure to pay
Willcuts v. Northwestern, etc., Ins. Co., 300
ment of Premium.- Where the policy expressly provides that a failure
tom, that a payment of the premium may be made in a different man-
does not warrant the inference of a custom to accept pay in services. Ib.
express covenant or condition in a policy of insurance, there can be
no implied one, respecting the same subject.
sured becomes a member of a mutual life insurance company does not
eral agent of a foreign insurance company, possessing competent au-
life insurance company is not entitled to a proportionate part of the
manding more than it is entitled to receive, and notifying the insured
14. Same.-Construction of Policy.—Where parties have, by their own acts
under the policy, placed a construction upon a policy of insurance,
COURT, 18; VERDICT, 3 to 5.
of the evidence given relative to the issue, concludes: “Your finding
should be for the plaintiff,” is erroneous. Thompson v. Boden, 176
fully give the law of the case, it is not material that a single one may,
Branstetter v. Dorrough, 527
See LIQUOR Law.
Costs; DRAINAGE, 2, 3; FRAUD; FRAUDULENT CONVEYANCE, 2; MAR-
12, 18; SUPERIOR COURTS; Taxes, 9; VENDOR AND PURCHASER, 5.
Demurrer.-A party notified by publication only, and who has had a
Smith v. King, 217
ment for mistake, which does not show any mistake in the entry, but
Bole v. Neuberger, 274
order of sale on foreclosure of a mortgage is the sheriff's authority to
to foreclose a mortgage to secure several instalments, the judgment
directed the sale of a part of the lands mortgaged to make the amount
it is doubtful whether he can, by an original suit, have any relief. Ib.
general jurisdiction, having jurisdiction both of the subject-matter
tacked in any collateral suit or proceeding. Sauer v. Twining, 366
from is defective and incomplete, but no error is assigned thereon,
Garin v. Board, etc., 480
COGNIZANCE, 2, 3.
Communication of Court With.—Coercion of Agreement by Threat.- Practice.--It
is error for the court, without the consent of a party, to send word to
Terre Haute, etc., R. R. ('o. v. Jackson, 19
JUSTICE OF THE PEACE.
the peace, in civil suits founded on contract or tort, under section
Natl Bank, etc., v. Hutton, 101
ticulars, filed with the complaint, shows that the plaintiff's claim or
of the peace have jurisdiction of a cause, on appeal from such justice,
the circuit court will also have jurisdiction of such cause. Ib.
of a justice of the peace, the complaint alleging as breaches his conver-
Hackler v. State, ez rel., 43)
COVER, 1 to 5; SHERIFF'S SALE, 18, 19.
Heavilon v. Farmers Bank, 247
PARTNERSHIP; SHERIFF's SALE, 15; Taxes; VENDOR AND PUR-
an indictment for selling liquor on Sunday, evidence, to wit: "Am
Pancake v. State, 93
to instruct the jury: "It would be a legitimate inference for you to
some Sunday within two years prior to the return of the indictment,
See VENDOR AND PURCHASER, 1, 2.
Session, p. 54, had no retroactive effect, and therefore did not apply to
Wilson v. Heislin, 35
Vested Right.- Act of 1875 Construed. When a man's land has been
McGlothlin v. Pollard, 228
wife is not made a party to a foreclosure suit against the husband, her
Judicial Sale.—A wife's inchoate interest in real estate is not a present
the husband before the conveyance was made. Hudson v. Evans, 596
P., who conveyed the same to E. By virtue of an execution upon a
by the sheriff to HI.
1875, concerning the wife's inchoate right, did not apply, and that
MEASURE OF DAMAGES.
SHERIFF'S SALE, 17; SPECIFIC PERFORMANCE, 2; Township Trus-
TEE, 1, 2.
means of knowing the facts within reach of the party, can not be re-
Butt v. Jennings School Top, 69
PROMISSORY Note, 17, 18 to 20; SHERIFF'S SALE, 15 to 19; SUPREME
Court, 24; VENDOR AND PURCHASER, 3; VOLUNTARY ASSIGNMENT.
form prescribed by the law of the State, which purports to have been
Dutch v. Boyd, 146