The Indianapolis journal., 1886-02-20
THE RECORD OF THE COURTS.
United States District Court.
Hon. w. A. Woods. Judge.
To-day-No special call.
Supreme Court.
Hon. w. Z. Niblack. Chief Justice.

Supreme Court.
Hon. w. e. Niblack. Chief Justice.
The following decisions were rendered Feb. 10;
l2l42 William E. Lamb ct al. vs. Harberd
D. Lamb ct al Pike C. c. Affirmed. Elliott.
i'll An action to set aside will was not one
1907, and it is therefore not within the
provisions of Section 400, r. s.. and
there is q right of trial by jury. e.
Section 499 of the code does not prohibit
parties In such an action from testifying as to
matters occurring prior to the death of the tes-
tator relating to his mental capacity, and which
were open to the observation Of all the friends
ana acquaintances of the deceased. t3) Section
49s Revised Statutes. does not prohibit
neirs from testifying in such an. action
tator, although his executor is party to the ac-
ton. a. Admission Of evidence that state
ments in will that the testator had advanced
sums designated TO the parties named, was not er-
roneous ia Where the issue is whether tes-
tator was of sound or unsonnd mind, general
verdict is sufficient
1861. Peter Evans VS.. Finetta Evans. Kosci
usko q. G. Reversed. Collars j. Elliot j,
dssents; Mitchell J, doubts. "A proceeding for a
divorce is q civil action within the meaning of
Section 412, Revised Statutes, providing that
change of venue of any civil action shall be
made upon application of either party upon afi
davit in certain cases. Musselman VS.. Mussel-
man, A Ind. LOG, disapproved-l
d. ,.
ct al. Marion G. C. Affirmed Howk J.-Con-
ner and Blue were partners under the name of
the Central Printing Company" The firm was
indebted to the Central Bank 1914. III when the
bank failed. Conner settled with the bank for
1923. GA of this amount by setting off an individ
ual deposit, and received credit on the books of
the firm. 1t was urged that Blue should settle
with the bank for the balance of the debt and
receive credit on the firms books. Plaintiff.
mother of Blues wife, held the certificates for
yUh rrsx vn1nsn fnNly
indorsed in blank and settled with the
bank for the firms debt AS con-
sideration Of the assignment Blue executed
the note In suit, drawn after the banks suspen-
sion, in the firm name. No entry of the note was
made on the firms books, and Conner did not
know of its existence until Blue had absconded.
In suit on the note, held that much of the
firms debt as was assumed by Blue was his indi
vidal debt to the bank, and though Conner was
surety he had right to insist that Blue should
pay it out of his personal means. Held. also, that
the transaction between Blue and thee pave Of
the note was not within the apparent scope of
the partnership business, and she was chargeable
with notice that such note was not binding as a
firm debt
1880. Weiburn Wartena VS.. The State. JAS
per c. G. Affirmed. Mitchell, Appellant
was convicted of murder and sentenced to be
hanged. One of his counsel concluded the opening
argument at o'clock Friday evening of the last
week of the term. The court announced a re-
cess until o'clock in the evening, at which the
argument for the defense would proceed The
principal counsel informed the court that
the closing argument for the accused devolved
upon him, and that he was not able
to attend night session because Of fatigue in
the trial and loss of sleep in attending upon sick
members Of his family. He requested a post
ponement. which was refused The record dis
closes that counsel addressed the jury without
limitation as to time, and for all that appears
said all that could be in extenuation of the
crime. No legal right of appellants appears to
have been invaded, and the court did not abuse
its discretion. T. Mental weakness, the sub
ject being of sound mind, is not insanity and
constitutes no defense to crime.
1905. James Bird vs. The State Hancock G.
G. Rehearing denied.
12437. Francis NJ. Fanroti ct al VS.. The State
ex rel Oscar Gordon. Henry G. G. Certiorari
granted.
12438. Francis M. Fanroti ct al. vs. The State
ex rel VIM w. Saxon. Henry @. c. Certiorari
granted
12439. Francis NJ Fanroti etal VS.. VIM. w.
Blackt Henry c. q. Certiorari granted.