The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-02-04

J.-When q t~cstator gave his wife a life es-
tate. and the right to sell If she shall never
marry again. and Immediately folio wing
gives all his property to his son. with pro-
vision for him TO pay his debts and conduct
the business. and that the son shall pay TO
his grandchildren two-thirds OF the ap-
praised value of the real estate. Held: that
the wife took but d life estate in the lands.
without power of disposition. and the fee
vested In the son. charged with the pay
ment of two-thirds of the appraised value
TO thepersone mi
APPELLATE COURT OPINIONS.
$50. City of LaPorte vs.. John II. Organ,
administrator LaPorte e.. L. Affirmed.
Robinson. C.. J.-Where q ruling is made
on Sept. Is and exception is taken on Sept.
lS no question Is presented. as the excep-
ton must be made Mt the time of the rul-
ing. Z. Where the motion for Judgment
court thereon were not made a part of the
record by bill of exceptions. CT by an Or
sented.
429. James H. Watson VS.. Levi Conwell.
Howard G. c.. Reversed. Reinhard, j.
When it is not averred that an indOrse-
ment was in writing and no reason is stat
ed why the assignOr is not joined as a de-
PENDANT. the pleading is subject to demur-
Ter for want of facts.
AIS. Joseph j. Foster VS.. Andrew G.
Daily. Adams c. c. Affirmed. Black. j.
-Ihe violation of O contract not to sue or
extend the time of aymen cannot be
pleaded In bar to an action on the original
debt. 2. A demurrer that the answer did
not state facts TO constitute q sufficient de-
Tense to plaintiffs complaint is sufficient.
although the words cause of action" were
not used,
3O2. James A. Park ct al. VS.. Boord & Co.
Adams G. G. Reversed. New. IA coun-
ty, while repairing a bridge by q contract
or, where the floors are taken up and relaid.
rendering 1t unsafe for night travel. is
hnnnd 70 a0A fhnt lfDhto nn1 Vnn =
not omitted. n failing so to do is liable
to one injured.
S03. NOblesville Foundry and Machine
Company VS.. Ohio G. Yeaman. Affirmed.
Crumpacker. ia complaint for damages
for personal injuries should state facts
from which negligence upOn the part of the
defendant Is a necessary legal inference
anu clearly connect such negligence with
tne injury as It's proximate canse: The de-
PENDANT Is culpably negligent in setting
the appellee to work at q special task.
knowing that he lacked strength and skill
necessary TO do it safely. and the defend
that the man who directed him where to
work was q follow-servant.
SUPERIOR COURT.
Room Hon. Napoleon b. TAYLOR, Judge.
Pomona Oolitic Stone Company VS.. Geo.
+. Branhain, ct al; account. On trial by
jury.
Room Hon. James W.. Harper. Judge.
James ii. Baldwin, Administrator, VS..
John L.. Mothershead ct al; tried by court.
Provisional decree of strict foreclosure for
plaintiff.
- Room s-Hon. Lewis c. Walker. Judge.
William B. McCray VS.. Conrad Schneider:
possession Of children. Finding for plant
1T for possession temporarily, or pending
good treatment of them.
NeW Suits Filed.
Robert H. Boyd ct al. va. Joseph w. Con-
nelley; account. Demand, 1000.
Emory Z. Kaler VS.. Alice Kaler; divorce
and custody of child. Cruelty.
MARION CIRCUIT COURT.
Hon. Edgar A. Brown. Judge.
In re petition of Eli Clinton Davis for re.
mOval of guardian. On trial by court.
New Suit Filed.
Elizabeth p. Gerard VS.. Citizens Street
railroad Company; damages. Demand.
Is. 900