The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-29

lv,1oo. Inc cIaUe Va. James Mauuo1. blAoh-
Niblack, Jan affidavit charging malicious
trespass Is not bad for failure to aver that the
injury was unlawTully done. Where enough is
shown to make the offense manifestly illegal the
word "unlawfully" need not be USED. (Chittv
Grim. Law, PAL; Mnore's Grim Law section 6S;
Blkf., 32s; 81 Ind, AL; and see 80 Ind, 267;
69 i'd, 423.b Judgment affirmed.
EsTATEs-sUIT AGAINST HEIRS.
$500. Susan McComus vs.. Henry Long. Mont
goInery e. c..
Morris, Com.-Appellant alleged in her COM
plant that she was one of the heirs of Alexander
Croy, who died in $780, that she had never re-
oeived her share OF mis- estate from the admins
traitor, David Long, who kept and retained the
same until his death, when it passed 10 his
executor, and that his estate has been finally
settled aud the executor discharged. This
complaint did not show good cause of action
against the heirs of David Long. For aught that
appears, Long had mingled the funds sued Tor
with the mass OF his own estate. There Is moth
ing to show that his executor had any knOwl-
edge that 1t was trust fund. The facts only
show a claim against the estate of Long, and do
not authorize her to charge the defendants as
trustees Of the fund. Perry on Trustees, 512S;
~ Pennsylvania statutes, 16) IL is not alleged
that any claim was filed against Longs estate,
nor is any excuse shown for not filing it. (47
Indiana, 345; 10 id, 4S4; 80 i'd, 2s1) JudS-
ment affirmed.
CRIMINAL COURTs-sPEGTAL JUDGES.
10,604 Charles Frigel VS.. the State Allen c. c.
Howk, J.-Section 1881 OF the Revised Stat
utes, which provides for the appointment of u
specIal judge by the county officers named
."ViOihl WHEN iho TtSuldr JuuSo is uhhOto
Tor any reason to hold court. applies to
criminal courts well as to civil, although
the section Is found in the act Of April T. 1881.
concerning proceedings in civil cases" 1t must
be held that the legislative intent is shown, in
tine LANGUAGE of the section, that no court should
lapse by reason of the inability of the regular
Judge. Judgment affirmed.
LIQUOR SELLER - LIABILITY FOR INJURIES
CAUSED BY INToXICATIoN.
1857. James II. Dunlap VS.. Augustus Wag-
oner. Bartholomew G. c.
Elliott, J.-Appellant was the owner OF a gen
te morse, which he lent 10 Charles Dunlap, who
hitohed 1t with another gentle horse TO a sleigh,
and on Sunday drove to appellee's saloon, who,
though not licensed a retailer, sold liquor to
Dualap, which caused INVESTIGATION producing
Inconsistencies In this condition appellee pat
him IN the sleigh and started the horses home
ward. Through DuRlap's inability TO
manage them the horses became frightened
ana ran away, appellants receiving injuries
from which it died. Held: The appellee, by
selling without a license, and ON Sunday, WIS
wrong-dOer, and responsible for injuries proxi-
mately resulting from his wrongful act. IL is
plain that right of action is given III such
by Revised Statutes, SEQ. 1928. The injury
must be such as might nave been reasonably fore
seen and provided against, but 1t ia neces-
sary that the precise injury should nave been
foreseen. 1t is sufficient Iflt was of such gem
eral nature as was likely to result from the
50 Ind, 426; 80 i'd, 81; 10 i'd, AL 81 i'd, 4S9;
II ONO ST., 33l; 81 id, l9l; 80 Ia, 1877 81 Mich
80; "a NJ, 109i 33 Wis. $40. In such a case an
intervening agency does not absOlve the wrong
doer. t75 Ill.,, 93) Judgment reversed.
NEUTRALITY-SUSPICIOUS. PLEDGE OF ASSETS
NOTICE.
9,747 George W. Nugent VS.. Sarah Laduke
Clarke c. c.
Black, Can executor can make no valid sale
or pledge OF the assets of the estate as security
for or in payment of his own debt, and when IL
note has been thus assigned to one chargeabe
with knowledge Of the wrong, the assignee can
not recover on the note in an action against the
maker. 90 Ind, 81 Perry on Trusts, SS11). II
circumstances appear sufficient TO put the pur-
chaser or Pledge upon inquiry, he will be re-
garded in equity participating in the wrong
OF the executor, and for this purpose any form
of notice will be sufficient. Perry, via 225;
Allen, $3.50. In this case the note belonged to n
decedent's estate, and was pledged to appellee
as collateral security for an individual debt of
the executor. Appellee knew that the note be-
longed to the estate, and the will of the dece-
dent would have shown that 1t was not the
property of the executor, This enough to
put her upon inquiry. Judgment reversed.