The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-06-27
SUPREME COURT-JUNE &c.
DEGEDENrs' ESTATEs-APPEAI

11453. George w. Yearley, administrator VS..
Thompson Sharp administrator. Delaware c. G.
Howk in Sections 1855 and 2457, governing
appeals by administrators the Legislative intent is
clearly manifest that in every case where appeal
may be taken to this court from any decision of a
circuit court judge in regard to any matter
nected with decedents estate the transcript must be
filed in this court not later than twenty days after the
decision, unless for good shown this court
may direct extension of the time. The transcript
in this case filed the last day of the first year
after the decision made without having obtained
any extension of the time. The appeal not taken
III conformity with the statute and must be dismissed
PLEADING-PARTIAL ANSWER IN BAR,
1882. Angereau Glenn Harrison Daily.
Bartholomew C. c.
complaint averred that appellee had taken
his horse to pasture, and at the end Of the
term refused to deliver up the horse. The second
charged that by negligenfy permitting his 4ences
get out of repair the appellee allowed the horse to
get out of his fields and stray off that he could not
be found. The answer, pleaded in bar of the whole
complaint set up contract under which the appellee
not to be responsible for the safekeepng of the
horse and not required to put the fences in
pair This not sufficient to the first
paragraph of complaint which contained averrnent
that the horse had been lost while in the possession of
the appellee For aught that is shown, the inability
of appellee to return the horse may have been due to
other than those excepted by the terms of
the contract mentioned in the answer Judgment re-
versed.
OBSERVATION-DISCLOSURES TO DENY coNTRIBUToRY
NEGLIGENCE.
1879. John Eberhart VS. Catherine Reister
Gibson G. G.
Elliott C. in action to recover for injuries
caused by the bite of vicious dog, the plaintiff
must prove that he free from contributory negi
gence And if the complaint fails to show that the
plaintiff without fault, it will be bad demurrer
"a Ind, 3d. Such defect in the complaint will
not be covered by the verdict Where independent
fact essential to the of action, is omitted the
pleading will be had a motion in arrest "a
Blkf., Al % i'd, I63; A i'd, 237; 70 i'd, 154l
Judgment reversed.
NATURALIZATION OF DAMAGES-DEFENDANTS
TESTIMONY.
1876. Philip T. Hartford VS.. the State Switzer-
land c. g.
Hammond, J.-Section 1925, R. S. does not define
libel but it is competent for the Legislature to pre
scribe penalties for the commission of an ofense with
out defining it, (23 Ind $50; % i'd, 1856; Sc i'd
263) Where publication imputes official corruption
to the act of public officer it is calculated degrade
him in the estimation of the public and is beous al
though it may not charge the commission Of a crime
(8S Ind, 310) The rule which applies
to civil action for libel to-wit: that
the defendant may show in mitigation
of damages, that the publication complained of
was provoked by one relating to the same subject
made by the plaintiff should also apply in criminal
prosecutions for libel and such publication by The
prosecuting witness is properly admissible IN evidence
The court erred in charging the jury that the fact of
the appellant being the defendant must be considered
by them in determining what weight to give his test
mony. (9l Ind, 500; So i'd, 179; So i'd, 420 rs
i'd, 49, 81 i'd, 414.) Judgment reversed.