The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-24
THE RECORD OF THE COURTS.
United States District Court.
Hon. w. A. Woods, Judge.
To-day-No special calls
Supreme Court,

nun. w. n. Wo0us5 SuoSo.
To-day-No special calls
Supreme Court.
Yesterday the following decisions were rem
dered:
No. 1925 George W. Winder vs. William
FL. Hudson; Harrison c. G. Affirmed Howk,
jill. The holder of claims against decedent's
estate need not file a regular complaint. but
merely succinct statement Of the claim, but
such statement must contain all facts necessary
to show prima facie that the estate is lawfully
indebted. ~. Where decedent agreed that
she would pay the costs of a suit brought against
her, and another for removing timber off of
lands which she held as tenant for life, such
agreement is not within the statute of frauds,
and if supported by sufficient consideration is
valid. But sufficient consideration is not shown.
as nothing is alleged from which it can be in
ferred that the relation of principal and surety
existed between the decedent ard the appellant
No. ll762. Alexander Shafer vs. William P.
Ferguson Carroll G. G. Affirmed Elliott
1.-The record must set forth the objections to
the testimony that were stated to the trial court
and no objections can be urged here except those
stated to the court upon the trial. Objections
must be specifically stated or they will be of no
avail.
Benton G. G. Reversed. Mitchell. G. J.-(L)
Under Sec 2O92. r. S., the offense is prima
facie complete when any quantity of intoxicating
liquor is sold to an intoxicated person. who
knows him to be at the time in a state of intoxi-
cation. 1t is not necessary for the State to show
that the defendant knew that the prosecuting
witness was intoxicated tn In his argument
the prosecuting witness made some statements
concerning the defendants character which were
wholly outside the evidence. Therefore the
judgment is reversed
No. 1883 Moses G. Hamilton vs. The State
Hancock G. G. Affirmed. Nblack. J.-(1.) If the
name of the prosecuting attorney be legby at
tached to an indictment by his consent, whether
express or implied, it is sufficient signing by
him within the meaning of the statute. and when
the name is found appended to an indictment the
presumption is that It was SO appended by his
authority. So, where printed blank was used
for an indictment and the name of the prose-
cutor appears in print, this is sufficient.
III Where the evidence shows in prosecution
for selling liquor without license, that the
prosecuting witness bought drink of whisky
for the price of ten cents it fairly tends to show
that the amount of whisky sold was less than
quart t3) In such case an instruction that, to
a fine, the defendant might be imprisoned not
less than twenty days, is erroneous. as thirty
days is the minimum under the present statute
(Sec. 5320); but if the jury does not add impris-
onment. no available error is committed
No. 1894 Hattie f. Gibson VS.. Charles E.
Seymour ct al Cass G. G. Rehearing denied.
No. 1928. James Fl. Cunningham VS.. E. &
T. Fl. r. r. Co. Knox G. c. Rehearing denied.
To-day-12360 Board Of Commissioners of
Marion county vs.. Center township. Will be
orally argued
THE SUPREME COURTS NEW RULES.
New rules in regard to the submission of
causes under the act &C April 13. 1885, were filed
yesterday. In brief the rules are as follows:
Parties who appeal under the provisions of the
act shall file the record of the cause with the
clerk Of the court together with assignment
Of errors, and shall. in case the appeliees are
residents of this State cause process to be issued
by the clerk of this court within ten days, but if
the appeliees are not residents, the appellant
shall obtain form of notice from the clerk for
publication, wherein time for the hearing of
such cause shall be fixed so as to allow publication
to be made for three successive weeks, and thirty
days to elapse from the time OF the last pubica-
ton, when notice shall have been given by ser
vice of summons or by service of notice upon
notice by publication has been given or provided
herein, the cause shall at the expiration of thirty
days from the service of such summons, or the
service OF notice upon the attorneys, or the Civ
ing of notice by publication, be deemed sub
mitted unless for cause shown no order of sub
mission is made 1t also provides that
the clerk shall make an entry showing
the date Of submission in all cases
where causes are submitted under these
rules. except that it shall not apply to appeals
taken in term time In case the appellee desires
to secure the submission of a case where the ap-
peal is not taken in term time he shall enter an
appearance. waive notice, request al order of
submission, and give ten days notice of such re-
quest to the applicant. When an appellee files
written objections the clerk shall not enter a
submission. but shall refer the matter to the
court Notice of orders of submission, entered
under the preceding rules shall be sent to at
least one OF the attorneys whose names are
signed to the agreement of errors, and also to
the clerk of the court from which the appeal
came.