The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-20
THE RECORD OF THE COURTS.
United States District Court.
hon. w. A. Woods. Judge.
special call.
Supreme Court.


Hon. W. E. Niblack, Ehief-justice.
The following decisions were rendered JAM Is:
12647 Andrew Strong vs. the State Fulton
c. G. Affirmed. Niblack, G. J.-Prosecution
before justice for forcible entry motion to
amend the affidavit by the insertion of some
words was made by the prosecuting attorney.
and subscribed and sworn to by the prosecuting
witness This paper cannot be regarded as an
actual amendment of the affidavit. The amend
ments could only be made. if at all, by an inter
hneatlon and swearing anew Of the original afi-
davit, or by the substitution of new one The
case must be regarded as tried upon the original
affidavit, and no objection being made thereto.
no question is presented as to its suficency. (2.)
The evidence is sufficient to sustain this verdict.
1926 Arthur L. Wright. administrator,
Jesse Jones ct al. Marion S. G. Affirmed. Ell
lott, J.-(1) Where will assumes to dispose
of the entire estate of the testator does dispose
of i. in terms, does devise the entire estate in
trust for beneiciaries expressly named. carves
out for designated devisee life estate in
particular piece of property, and directs that the
remainder shall, after the expiration of the life
estate, fall into the trust for the beneiciaries
designated it devises to the person for whom the
life estate is carved out that particular
estate, and nothing more e. Family
settlements favored and upheld in equity.
b. Where a husband agrees to relinquish his
right under the law to any interest in the estate
of his wife, who, upon such consideration, de-
vises to him life estate in a certain piece CT
property and after her death he takes such life
estate, the contract will be upheld. AZ The
defense of the statute of frauds is personal, and
the defendant may decline to avail himself of it.
81 A Judgment creditor can only enforce lien
on the interest his debtors may have.
1881. L.. N. A. q C. Railway Company VS..
John A. Balch. Clinton G. G. Reversed. Zol-
lars. J.-(1) In complaint for conversion of
property, an allegation that plaintiff is unable to
give a more particular description OF the exact
location of the property taken is sufficient against
motion to make more specific. T. When
either party demands a special verdict, the jury
cannot return general verdict ether as part
OF or independent of the special verdict. If a
general verdict is also returned it should be dis
regarded. Ii disregarded by the court, over
ruling motion to strike out will be deemed
harmless error. e. In special verdict the
jury should find the facts. and leave it for the
court to say whether or not. matter OF law,
they create liability, and if they merely
state conclusions of law, not facts, the court
should send them back to perfect their verdict,
and, failing to do that, should award venire de
novo.
11642. Benjamin F. Vail. administrator. ct
al vs. Enoch Rinehart Pulaski c. G. Re-
versed. Howk, il. A certificate of clerk
emitting formal matters. that the above and
foregoing is full, true and complete copy and
transcript of proceedings had and papers filed in
said matter. as fully as the same appears of rec
ord. and from the files of said court in my Office
remaining" is sufficient to render the transcript
competent evidence. ca Under Section 1886,
the Circuit Court which issues letters testa-
mentary or letters of administration upon the
estate of decedent has exclusive original
jurisdiction of petition for the
sale of his decedent's real estate, in
whatever county the same may be situated. to
make assets for the payment of the liabilities of
such decedent's estate. (3 In suit to enforce a
tax lien, transcript of proceedings in another
court showing upon its face that that court had
jurisdiction, not alone of the subjectmatter, but
of the parties; ard the tendency of a prior suit
wherein the matters in controversy might, and
ought to have been settled, it is admissible in
evidence under an answer setting up such de-
Tense.
1O801. Matte J. Ryan ct al. VS.. John W. Ray
ct al. MarionS s. G. Affirmed. Mitchell J.-U.)
No person other than the Auditor Of State can
maintain any action against officers and trustees
of a savings bank for violation of their statu-
tory duties. GU Where the complaint shows
that the Auditor has pending an action against
the trustees in another court which has receiv-
er in charge of the assets action by depositors
against the trustees cannot be maintained.
1871. Hiram f. Mitchell vs. Leonza Col
glazier ct al Washington c. G. Rehearing
granted.
l16lO. William r. McKeen vs. William r.
Haskell ct al Vanderburg G. c. Rehearing
granted.