Indianapolis News, Indianapolis, Marion County, 23 April 1920 — Page 2

THE INDIANAPOLIS NEWS, FBIDAT, APRII, 23, 1920.

SUPREME COURT

Abstracts of Opinions Announced

April 22, 1920.

Marion S. C. Reversed.

inal.

in support

there

©i his motion for 4 new no «iwh showinr m re-

quired this court to review the question. (3» a showinjr by Mil 01 esoeption* that the appellant ashed s Ju/or a question on the *oir due, which was ohieeted to by the state and objection sustained, without «howtn» that the appellant exhausted his peremptory Saliences nor shown* what il soy other ions were ashed and answered, doe* not prrjodtcta! error. f*l The ohjeeted tests tiiony about Lore, thourh not to he 00mmettded. doe* not show pteJtpfteaJ error.

Commissioner* Nichols. C. i

«1 > The appellant is a justice of the peace in Center township which i# the ‘enter of the city of Indianapolis. The statute provides that justice* m that township ehaii re«*iTe *2.000 a year amt shall not receive the fee* prescribed in that statute. The an petlant brought this action to recover insanity inquest fee.-- m prescribed. The

CRm.NAI. LAW—INSTRUCTION ^ ^S&TSSflSl gS* Sl4“lo^ MlWI. (ieorfe Kocher vs. Slate of Indi- ship shall he paid $2 0<W a year was ana. Grant C. C Affinned. Myers. J. lit Ap- amended to its preweal form in 1913, and petlant was «m?icted under ths 1*17 prohi-1 ha* no reference to ineaoity inquests or fee* bition law. It was not error for the court therefor The set of 1853 »• amended in to make a written modification of appel- : lf*01 prorides for the fee* in insanity inlanVs requested mstmetion not *tst!D* ttw, quest* -*id fires fl lor the 81in» of the law erroneously a* modified, as there is no i papers with the Claris. The iwurt holds that prohibition a* ain't written modifications of , unles* thi« a<-t is be id to be *t»U in force requested instruction* m criminal cases. It} a* afsiost the provvxm- of the amended was not error to <-banre the requested in- act of 1913 it would cut all of the justice*! straction it is not unlawful for a person «of other townships of the state out of any; to have in his posweseion mtoxicatiiir j pay for doinr a laborou* set, and for that! liquors etc., by the insertion of the word jW-aspn will be held to be in addition to the ‘ osnessanly maktnf it read Tt I# net aeces- (prortelmt« of the amended 1913 act •anly unlawful' ete. <2) Where appellant i ‘ 3» Hie fact that the complaint did not contended that the court in iwadinr his re- ai»e»e that the appellant bad presented fau quested instruction orally inserted a word not claim to the board and it had been diaai-

* ] lowed did not make complaint insufficient PLEADING—COMMON COUNTS—EVI-

DENCE

10315, James 8. Randolph .vs. Bernard: Km* et at. Clu.ton C. C Affirmed Nsch- ‘

ola. J.

Thu is an action by appellee* for rood* soM and delivered. The appellant answered I and set up a loutrter-ciaim for damayer for! failure to faihli contract. Pmdm* for »>- > teliees and a*ain*t appeiiant * cro**-t.oaj- j plaint. The fact that the mod# •otd by appellee# wens upon written order* did not * prevent the appellees from bnnrn* action on a common <ouiit. while if there should he held to be a variance under the statute' there coajd be no rerersal. a# the appellant j could not have been mi*led thereby MORTGAGE*—ASSIGNMENT AND i RECORD 1030*. Abner Ooldenwm v*. Emma Lei-‘ hermar. Starke C. C Affirmed Ntenols

C J

The owner of land* mort***#d them to; N who thereafter aas.roed the note# and mortgage* U> B. who afterward aaeayrnd them to appellant but the assiynmerit* were not recorded anti! Mar*h 29 191« The owner of the laoda then .-onveyed them to G who afterward without notice or

e*«etitod new note# and mortand to M. and S at that time 191» rsleaaed of reooH the mort-

*•*«, The appellam twousbt thi* suit to f^Hosa themortgf* the -oun hold*

<r%^3

the mort*a*e The trtai court found for appellant only a*auwt a marantor of the nX awl mortqiVe at the time N. amtgned them, and holds that the evidence not beti*

in the

court (

attorney fee* wainst PLEADING AND PROOF—VARIANCE 10341 Mosea Rapine va. Henry Weil*. Marion 8. C Affirm*!. Nichols. C. J

Suit on a pronusaory note: the exhibit to the <-omplaint showed it aa si*oed by Henry Wells. The evidence tends to show that the note was rtjrned on the top hoe by Wells ' and on the second line by Henry Well*." and the appellee may# that the trial court informed the appellant that J he did not consider the note fo : lowed the ! ‘•ompiamt. The appellate court hold* that 1 there i* *uofa variance that it win not re- ! verse the trial court, at least not upon *he I showing made.

WATERS AND WATERCOURSES—BURDEN OK PROOF. 10353. John Ramey et a!, vs. Walter Ketcham.. Monroe C. C. Affirmed. McMahan, J. Batman. J- not partidpatin* This is an action by appellant for damaces and to enjoin the appellee from maintain, n* a dam across an alleged watercourse. The finding* of facts do not show the existence of any watercourse, but show the const ruction of a culvert by the railroad to let water flow through where there

had never been a defined watercourse. The matter of what constitutes a watercourse is discussed, and it is held that the trial court's findings, in which waters are referred to as surface waters.'’ may be considered as findings of fsets. but if they are concluaions of law it does not help appellant as the burden was on him to prove a j watercourse, and eliminating the alleged: conclusions in the findings of facts, the conclusions of the court against him would be correct.

SURETIES ON

Mayr

NOTES—RELEASE OK

PART

National Rank v# Frank

St. Joseph C C.

93. First Jr ., et aJ.

I,

appellee and ten other# signed an

“ they would stand as surety company with the appellant

_ .. „ mount of 815,009. Pursuant «icb agreement the appellant loaned the spany 812 430 and the company became

Afterward one of the signers paid 810,000 and the appellam

it to bold him and two freed from further

mem that

named <

M> OW M

Hsti 1 inao&em

the signers serw-si! fhe f -ompany and

force, and as the SufE" P»id 1 harm til* appelles The q u

the appellant

mg debt. A demurrer eemplamt The court

he obtigaMoft by it* terms made severally liable for tha debt of

that the agreement «** to the one paying the

only operate to prevent a

operate

a trl button which

the

cussed at JUfTiCEi

right to en was far more of the three it could not

question is dia-

Appallate Caurt.

SANITY IN*s. Board of

.202 SOUTH ILLINOIS STREET'

ARMY AND NAVY GOODS Complete Line of Officers’ Raincoats. Also Mole, Tweed and Leather Coats at Reduced Prices Just Received a Shipment of New Summer Weight Goods

Hobnail and Field Shoes, repaired Near Infantry Munson Last Shoes New Goodyear Welt Army Shoes..,,. Socks 1 light weight), S pairs, fll.OO. pair Reissue Overalls and Jumpers New Army Blankets Khaki -Shirts, fine quality Regulation Summer Shirts and Drawers

Nsw Khaki Breeches 92.45 Officers’Leather Puttees 95.00 Army Slickers and Raincoats (reclaimed) 95.45 Plaid Back Raincoats < Serge Raincoats Leatherette Raincoats, full length 9] Moleskin Raincoats, gray and tan.. 9‘

QUEEN CITY SALVAGE CO.

lusehrMipaB 53,“,? k

man l»at in* wioewr no, iwi i. rd there Is so *ftowti« that the in fsiling to give judgment for

•* again* him

1

Open Until 9t*e Saturday Night.

LIVE HAT NEWS FOR LIVE MEN

Early Pure haring Linked Up With “Satisfied- With-Lest Profit" Enmblcs Us to Start Our Hat Line at $3.00 Instead of $4.00. LEADING STYLES FROM LEADING MAKERS $3, $4, $5 Up to $8 On Today’* Market, our Mats Are Prised tm Yon nt Wholeonlo. Striking Caps, $1.50 to $3.00 SUMMER UNDERWEAR $1.00 to $4.00 a Sait - : 4 .. Meet Mokee Only. SUMMER SUITS $17.50 to $39.50

WKVB STORK, IN TOWN.** **THK STORK FOR VAl.UKS"

KRAUSE BROS °S

rn. Wnoh.

Street.

Only One Square Bust nf Pennsylvania Street.

World’s Fair for Wall Paper

This Large Stan Clothes Hamper Only 89c

BABY BED Bargain, Only

sg|83

This full sine iron crib, both sides drop automatically. comfortable springs, finished in rich golden Vernts Martin.

315.08.

KTdden

Regular

price

Ol R AIM i

Comp lete, with hinged lid. If you didn’t get one our last sale, come early Saturday. I -A STORK WITH A MILLION FRIENDS.**

CREDIT. 5

“WE TREAT YOU RIGHT-

mail ORDERS FILLED PROMPTLY.

■202 SOUTH ILLINOIS STREET-

3 YOUR MONEY REACHES FURTHER HERE SPECIALS

Wonderful Reductions for These Saturday Specials

S uiTS REDUCED

Handsome tricotines, fine serges, check velours, silk lined. Smart models in all sizes; values to ^$59.50 , COAT BARGAINS

$35 s

Beautiful coats of polo, silvertone, goldtone and v< lours, brand new models in all colors, values to ->^$39.50, Saturday, $25.00 and

r

temp lete Line Salts, Dresses and Skirts ter Large Women, All at Cat Friers. HARGROVE’S MASSACHUSETTS AVE. AND DELAWARE ST.

WANT ADS IN THE NEWS GET RESULTS,

Novelty Cretonne Pillows, 1.10 to 4.49 Round, oval ami fancy shapes in pillows for sun porch and canoe. A wide selection of bright colorings; trimmed in butto: . braid and stitching. (First Finer)

1

HPWasson&Company

New All-Wool Surplice Sweaters, 6.95 One of the newest fancies in spring sweaters. Fine yarn, knitted in lace stitch. Plain neck line and sash of a heavier weave. Colors, peacock, brown and navy. (Ffcrat Floor)

A Special Purchase, Just in From New York and a Wonderful Group From Regular Stock Join Hands—Saturday in

A SUIT Even

Pre-Eminent Interes

Boys’ Wash Suits, 3.69 Regular 3.95 Sails Any kiddie looks cute in these pretty Norfolk, middy or Oliver Twist suits. Thn pocknts on either nlde have •uoh a eaucy look, and the white waists stitched and smocked In the color of the pants add to the very attractive effect. PINK. BLUE AND CHECKED EFFECTS. ALL DESIRABLE COLORS. Sites for “young men," 2 to 6 years old. (Wannoa’a, Fourth Fleur)

Spring's Smartest Styles in Plaid and Striped SKIRTS 22.50 to 35.00 Values at—

17.50

All-wool materials, fashioned into swagger skirts, in popular— Box Pleats Accordion Pleats Knife Pleutu aide Pleats Sports Models Every skirt is new —just the style which will be best for late spring and early summer—in the colors most in demand. tWassoa’a, Second Fluor)

Important EXTRAORDINARY VALUES For Saturday Only Men’s 65c Linen Handkerchiefs, 50c Full sise, soft finish. Qnarter-inch hems. Each, 8oc \is*Sa.) Wasson Special Corsets, 3.00 Plain broche and striped coutil corsets with elastic top and Velaatlc inserts In the bust. High back. Models for the slight and me- ^ JSKSik Flooe) 10.00 Sweaters, OneHalf Price All-wool coat swoatar, made with sailor and coat collars, belts and sash. Colors are Copen. red. purple and rose. Special for Saturday. 5.00. tFirst Fluor) 69c Moire Ribbon, 49c Good looking ribbon, five and on e-ha if inches wide, in a complete assortment of colors. Excellent quality for hairbows and sashes. (First Floor) Bag Frames, Special at 98c Metal ■tylea in oriantal sad imitation Dutch silver motifs Also imitation celluloid in shoil. demi and amber. (First Floor) 1.25 Box Stationery. 89c Highland Linen Lawn quality. 24 sheets of note paper and 24 envelopes in box. White and tints. tFirst Fleer) 12.50 Silk Bags, 8.75 French Moire and embossed faille, in the latest shapes. Double pocket with heavy silk tassel, or onepiece style with stationary coin purse. Colors are black, navy, brown, taupe; metal or shell frames. I First Floor) 5.98 Moire Silk Bags 4.69 A variety of styles; covered and metal frames; fitted with coin purse and mirror. Heavy silk tassels Colors are black, navy and taupe. (First Fleer)

Saturday—Another Demons tra tion That Proves the Superiority of Wasson Hats in Style, Quality and Value.

New Hats

.The Leading Fabrics •The Smartest Styles •The Best Colors

An event well planned and opportunely held. For these

are the attractive sort of hats that will be much in demand

for late spring and summer wear. Many becoming styles. Small, close fitting hats, wide irregular brimmed hats, sailors with straight, roiling or mushroom brims,

chin-chins and many others. THE STRAWS INCLUDE—

Patent Milana Japan cue Straws

Ronfch Straws Transparent Hats

Raffia

Leghorns

L'*ere» Milana

Smartly trimmed with flowers, glycerined ostrich, grosgrain rib-

fa

bon and

fancy ornaments.

(Wa

•*n» Third FIsor)

Saturday—an Important Event—Second Floor Blouses of Georgette With Demure Short Sleeves

1.95

Have a way all their own in telling about their Extraordinary

Value at—

You are going to recognize the worth of these blouses the moment you lay your eyes on them. They are just that wonderful. And the Georgette is of a Heavy, Fine Quality AU Wanted Shades Blouses with tinsel thread embroidery, cut steel beaded, silk embroidered, colored bead embroidered, chenille embroidered, models with lace collars, cuffs and panels, tucks and frilling*. (Wasson's. Scennd Flonr)

Breaking Every Record for High Values—These Silk Skints

Regularly 15.00 Superb Qualities,

(The Government Tax is 90c) A sale that is conspicuous by the superiority of the merchandise. Only our regular 15.00 shirts are included, without the addition of a single shirt “specially purchased." FINEST SHIRTS OF— Crepe de Chines, Jersey Silks, Taffeta Satins Notwithstanding the reduced price, the shirts offered are “Wasson Label” qualities, all from regular stock, and that means that every one is perfect, and of highest quality standard. (Wq—n*n. Flrat Flonr)

A Remarkable Sale—Suits Authoritative in Style—Exceptional in Quality Suits of Tricotine Are the Favorites of Spring and are here, in this sale, in a charming variety for your selection. Fully 90% of the§e suits are of this fabric in navy blue. There are also

suits of

—Silvertones —Poiret Twills —Fine Serges —Mannish Checks Suits that are the fashions themselves from the best style sources of New York. Every approved fashion is here. * i • Ripple, bolero, pleated, embroidered, braided and button trimmed styles, as well as the severly plain tailor-made, for those who favor it. , Short, jaunty ETON AND B0X-C0AT MODELS are extremely prominent in many variations. Many are belted in novelty manner. Sizes for women and misses— sale price, 45.00. (WaMOB'B, second Floor)

A Typical Wasson Glove Event That Women Will Welcome! ‘ 1,200Prs. Women f s Silk GLOVES Every Pair First Quality. * We Do Not Carry Seconds.

97c

A special purchase of 76 dozen pairs of fine pure silk two-clasp Gloves will be placed on sale Saturday. To these we have added 288 pairs from regular stock. All f have double finger tip*, in two-clasp style, with three-row. Paris point, two-tone or self-embroidery. Colors are pongee, gray sand, tan. salmon, black and white. ALL SIZES BUT NOT ALL SIZES IN EACH COLOR. (Wasson’s, First Floor)

Model* firtured Included.

-

A Coat One Must Have and Here is a Splendid Featuring of New Spring Coats Fashionable Short and Three-Quarter Lengths 25.00

Tan Blue Brown

Navy \- Gray Mixtures

Developed of polo cloths, camelshair, goldtones, velours and serges. Narrow shoulders and slender belts, which hold the fullness at the waistline, are smart feature# of these coats. Convertible collars, button trims and regulation and r a Rian sleeves. A wide variety of styles at 25.00.-* (Wasson’s, Second Floor)

Special for Saturday! 3.50 Qualities in Women's Silk Stockings 2.95 Pr-

Wasson’s

Does Wot Carry

Every Pair

Perfect Q. unlit r

ISO pairs of women’s black silk hose, full fashioned and perfect flttin*. Every thread pure silk; reinforced heel, toe and sole. Aa extraordinary value for Saturday only. 2.05 »o'r. (Wasson’s. First Floor)

Featuring for Saturday f floo t r ! Girls ’ Coats

For One Day Only— a Sale of— Glove Silk Underwear At 5.95 Silk Vests Band or bodice top style, pink only, extra heavy quality of silk. Special at 5.95. Bloomers Heavy glove silk bloomers, strongly reinforced. Pink and colors. Special at 5.05. Union Suits Band and bodice top styles, cut extra full to assure comfort. Special at 5.05. (Wasson's, First Floor)

Materials, fit and clever designing — just the things that count most with girls of 8 to 17 years and their mothers, are emphasized in this group of spring coats. Short and Three-Quar-ter Lengths predominate

Trimming* tons, self

19.75 Girls’ Skirts,

14.75

Large plaids and stripes in all wool materials. Brilliant — J

subdued colorings. Knife or box . Deep hems Lengf

Inches.

pleated gfhs 2 1

28 to t«

of tucks, but-

BRU and narrow leather belt# and shawl or tailored collars. Come ami choose your coat Saturday at a substantial saving.

Girls ’ Serge Suits, 39.50 All-wool serges in navy and light colors. Tailored and novelty styles. j Narrow belts a nd s ehouldera -very smart Sixes H to IT year* I — -—~4

t Wasson's, Fourth Floor)

I

J