The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-02-16
SUPREME CoURT-FEB. Is.

our OOOhl-tEb.1
9,s67. Lake Erie & Western Railroad Com
pany VS.. Eugene Everett. Carroll, c. c.
Black, C.-Action to recover damages for the
death OF one Bennett, caused by defective
ehinery on appellants cars The only question
Is as to whether the evidence sustains the ver-
dict AS to some of the facts found. there was
contradictory evidence, but there evidence
tending to support the verdict, and it cannot.
under the rule adopted by this court, be dis
turbed. Judgment affirmed.
PLEADING-sET oFF-JoINT DEMURRER.
9,611. City OF Connerville vs.. Connersvlle
Hydraulic Company. Fayette, C. G.
Elliott, J.-Complaint by appellee upon city
warrant One of the answers a set-off for
taxes. 1t alleges that the appellee is indebted
to appellant in taxes in the sum of 81 900, but
does not state by whom, for what purpose, or on
what property the taxes were levied. Where
the claim rests upon a mere naked statutory
power there should be some facts stated show
ing the liability of the party or his property to
taxation, the right to levy and collect the taxes
Where the answer is so vague not to state
ground of defense, demurrer will lie. IA Ind,
1888; 27 i'd, 534; IS i'd, 1859 But the form OF
the demurrer TO the fourth and fifth paragra phs
of answer being joint to both, and the fourth be-
ing good as plea of want of consideration, it
error to sustain it to either paragraph (45
Ind, ~ l Works Prac., 345J Judgment re-
versed.
COUNTY AUDIToRs-ExTRA SERVICES.
10,26l. Ezra Movies VS.. Jasper county. Jas
per c. c.
Best, C.-This n claim by appellant as
county auditor to recover for services rendered
IN app0rtionlng certain allowances made by the
county board TO former treasurers properly
among the various funds of the county. The
services were rendered after the fee and salary
act of 1879 WAS IN force. They must be deemed
part of the service, for which the salary is al
lowed, and that sum must compensate the appel
liant. Judgment affirmed
CHILDREN BY FORMER NEUTRALITY-SUSPICIOUS..
l0,l4s. Mary Flenner VS.. David Benson. War
rem &. c.
Franklin, C.-While under the 18th section of
the law of descents the widow takes 'fee
simple free from all demands of creditors" she
does not take fee simple as against the children
by a former marriage, but takes, under the pro-
viso in the Gath section, fee in trust for the
children of the husband by former marriage.
Aud she cannot convey so as to defeat their in
heritance. as Ind, 363; rs i'd, 476.) Judg-
ment reversed.
EXECUTOR DE son ToRT-PLEADING.
9,923. Thomas Collier vs. Isaac Jones, admir-
Warren c. G.
Howk, Letters of administration, whether
issued by the court or by the clerk in vacation,
the statute and require no approval by the court
to make them valid. Where one is sued an
executor de son tort, an answer of payment is
not good defense. Judgment affirmed.
The following were also decided:
Thompson Vs. Pershing. Marshall G. G. At
hrmed. Morris &.
McTaggart VS.. Dolan. Cass c., c. Reversed
Morris, c.
Fontaine VS.. Houston. Marion C. C. Affirmed
Bcknell, G.
Switzer VS.. Hawk. Montgomery C. C. Re-
versed. Woods, G. j.
Sch!uied Frank. Switzerland c. c. Re-
versed. Morris, e.
Rynan VS.. Crawford. Union c. C. Affirmed
Bicknell, G.