The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1894-03-16

Supreme Court Decisions.

supreme Court Decisions.
!, The Indiana Supreme Court resdes
cd come important decisIons lss
week. Among them No. l6.54l 10 II
able to unsettle good many titles b
real estate; No. l6, ,46l, Il will be seel
} )protects the public Ia the use OF sl
the alleys 10 . town, and. also, vt
tles the question that people who hav
houses on the streets 10 jasper, d,
matter how long they may hsve beef
there, are not entitled to damage
when required to remove them, and
that parties on the street cen compe
their removal. This decision tive
years sooner would have saved jasper
from the Flick damages. and will ssvl
it now on many other houses on ths
strsets. No. 1888 might apply tc
the morning and night trains from
Jasper depot.
The Appellate court affirmed the
Judgment Of 500 against Jos. Buch.
art In Henry Ell's favor:
1854, Samuel G. Moore W. Lulu
T. Thomas. Howard e. G. Affirmed.
Coffee. j.
When . wife purchases On Interest
in lands and pays . considerst stion
therefor, but by mistake The husband's
name 70 inserted 10 the deed % grsntes
instead Of the wife's, and she has no
kno wledge OF the mistake, judgment
subsequently, rendered against her
husband 10 not lien on such lsnds.
and On action to quiet title thereto will
lie on the part of subsequent grantee.
A judgment 10 only Q lien upon the
interest OF the judgment debtor in
land and such lien 10 subject to oil OK.
isting equities 10 favor Of third parties.
10 the present case the judgment new.
er became lien on the land convened.
for the reason that the judgment do.
sendaut never had % interest 10 Il TO-
which such lien could sttsch.
Is. 46l. Schmidt ct al. W. DrApar.
Vigo c. c. Affirmed. Daley, J.
A party cannot, BY encrosching up.
on 90 alley for moro than twenty
yesrs gain any rights by such sdverse
possession to the property thus On >
crosched upon. The ststute Of limit.
stion does not run % to the occupsu.
cy Of part Of . public street or alley oil
. city. Nor docs such eucrosch ment|
saect the rights Of the sbuttiug own.
ere on the other side OF the alley 20
occupy its true line.
17,z93. State Of ludlaus ". e. O. C..
q 81. 1. railway co0pasy. Decatur
%. e. Affirmed. NcCabo. J.
l. Secs. 5.lo6 and 6.l09. r. g..
1924 acts 1891, p. 10, making Il penal
one0se for railroad companies operst-
Ing lines through cities aod towus or
40 population or more not 70 provldel
and msiotain suitable waiting rooms
for the convenience Of the travelling
public, and for not keeping ouch rooms
open for period OF not less thao one
hour next preceding tho arrival oil
passenger trains, must be strictly con.
strued. - they ere highly penal in|
their nature. To constitute the Of.
tense of failure to keep open wsitingl
rooms Il is necessary to aver that the
company had provided and msintsiu.
% such waiting rooms, and 90 a6ida.
VT or Information not making such
sverment may Be quashed.
z. Coustitutionsl questions will
not b. considered unless their cousid.
Grafton is absolutely essential to the
dnsl end OF the case il which they ere
supposed to DO involved.
APrgLLATs COURT.
1859. Joseph Buchsrt ". Henry
Ell. Wsrrick G. G. Affirmed. Davis !,
G. J.
l. Where exceptions to iustvuc.
lions are reserved In the follow
ITO the giving OF instruc.
lions Nos. l, 2 and 8 the defendant st
The time excepted" the exception can
be msintained only BY sho eiug that
sll OF said instruetious ere erroneous.
2 Instructions not sigaed By the
party seking them Or By bic attorney,
. required By the statute, may be -.
fused without error.
,. To be ground Of error 10 re4ls-
Ing Instructions Il must bs shown that
the Instructions refused were not GOV.
cred BY other distractions given.
4. Where there IL evidence 10 sup.
port verdict the verdict will not %
disturbed on appeal.