The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-11
THE COURT RECORD.
Supreme Court-June 10, 1885.
POINTS OF DECISIONS.

No. 1904 Charlotte Epps VS.. The State.
Huntington G. c. Affirmed. Niblack I'LL
Appellant was convicted of killing her husband
by arsenic. The indictment charging facts that
it arsenic that caused his death, it was not
necessary to the amount e. Section
1876 r.. S., 1884, does not require the presence of
the prisoner during the argument Of a motion
merely preliminary to the trial. (3.) Granting
or withholding leave to withdraw plea of not
guilty is within the discretion of the trial court
and no cause for such withdrawal being shown
its decision will stand. e. In the examination
OF one called as juror much latitude IN the
questions is and ought to be allowed The mat
ter is within the discretion Of the trial and
no abuse shown, its decision will stand e. J
Section $3.50 requires that witnesses testi-
mony before coroner shall be reduced to writ,
ing and subscribed by him. An attorney when
asked by appellant, as such witness, if the sign
ing would clear or criminate her replied he did
not know and she signed it. His motive in saying
what he did added nothing to the validity or in
validity of her signature and inquiry as to the
truth OF his reply was properly excluded. co.
The law of this State does not allow extracts
from medical books to be read to the jury a.
One of counsel of State was guilty of miscon-
duct In his closing argument. Although inter-
rupted by appellants counsel and admonished
by the court he committed other outbreaks, but,
taken in connection with the objections and ad-
monitons, the effect was not such gross miscon-
duct as to reverse the judgment.
No. 11405 Marshall, Field & Co., ct AL VS..
James II. Malone, ct al. Porter, c. G.. Reversed.
Elliott J.-Q) When an affidavit for notice
to nonresident defendants states that there is
a cause of action in the plaintiff against the
defendants shows that it is connected with
contract, and alleges that defendants are non
residents it is sufficient Although IS Indiana
ZIG states that 10 Indiana 265 is overruled, the
cases are distinguishable (2.l debtor to
Marshall, Field 81 Co. was garnisheed for claim
against Field, Letter q Co. The former firm
succeeded the latter, assuming its liabilities, but
all the members of the former firm were not in
court 1t is not for the garnishee to question
the regularity of the proceedings; it is enough
for him if the court has jurisdiction of the sub
ject-matter and all of the creditors are before it.
so that it's judgment will afford him protection.
Two members of Marshall, Field e. Co. were not
before the court, and the judgment against the
garnishee ought not stand
No. 11671. Lucius Strong, trustee VS. Simon
P. Thompson ct al Newton c. c. Reversed
collars J.-Section 5O35 r. S., 1881, requires
that public highway that has been used for
twenty years be described and recorded APP
pellees petitioned to have highway, in use for
twenty years, recorded, which lay partly in
Marion and partly in Newton townships, Jasper
county. The superintendent of roads in New
ton township objected claiming that the high
way petitioned to be recorded had not been used
for twenty years. but there was a highway near
that one the boundaries of which were easily
ascertainabe and upon which large sums had
been spent; that the way could not be changed
twenty years. On the trial transcript of the
proceedings of the board of Newton township
| trustees in 1856 was introduced in evidence to
show that part of the highway had been es-
| tabished as appellees claimed. This was error
as the transcript failed to show how much the
highway was which the trustees attempted to es-
tabsh. "a After the expiration of twenty years
use the statute intervenes and declares the road
to be public highway, regardless of its origin or
the mere objection by landowners. The fact
that one land-owne objected that the highway
was not on a proper line, but failed to pursrs
legal remedy until after twenty years, is no
avail to defeat it as public highway.
No. 1919 State ex rel. Frank NJ. Howard Vs.
Charlottesville and Darlington Turnpike Com
pany. Montgomery G. G. Affirmed Howk, j.
Affirmed on the authority of State ex rel. vs.
Charlottesville and Darlington Turnpike Com
pany filed June 8.
No. 1883 Ephraim Casterln VS. Isaac D.
Armstrong Clinton c. G. Petition for rehear-
ing overruled.
No. lO9SI. Stephen d. Ludlow ct al VS.
Marion Township Gravel-road Company ct al
Shelby c. G. Petition for rehearing overruled
No. 1000. Richard Barnett VS.. Eda Feary
Shelby G. G. Petition for rehearing overruled
No. 1904 G., w. e. NJ Railway Company
va. Emily Werdwell. Grant c. G. Dismissed
No. 1924 George w. Hopkins ct al vs.
Alpha L. Carter ct al Hancock c. G. Dis
missed.
No. 1905 zacharah 7. McKinsey VS.. Robert
p Mckee. Clinton G. C. Motion to dismiss
No. Il448 Kate H. Root VS.. Harriet Barnett
ct al Pulaski c. c. Proceedings stayed to
Oct. ], 1885,
Superior Court.
Room l-Hon. N. II. Taylor, Judge.