The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-03
THE COURT RECORD.
Supreme Court Opinions.

MAYOR, eAr, CT dl. morgan =. y. REVERSED.
Hackney, IA decree will not be modified
so as to deprive a good faith purchaser OF
part of the land involved in the suit where
in the decree was given. who relied upon the
would be granted TO a purchaser with con-
structive notice of every fact which she
1910. State ex rel. Miles Starry VS..
Board, etc. Warren c.. c. Reversed. How
ard, c. J.-If q township trustee files a claim
for services before a board OF commissioners
and it is a proper one 1t should be above
An alternative writ issued to compel the
performance of this duty viii be treated as
a complaint to which the board may demur
or answer. Trial will follow as in other
cases and so the merits of the case may
be determined.
1870. Emery z. Doren VS.. Stephen A. d.
Giltum, sheriff, ct al. Jay c. C. Affirmed.
Daley, IA deed recited that the land was
S honit the same lD ID during ai q their Mi ma natural h liVes anna
each of their natural lives, then to descend
to W. III. II. and the heirs of his body"
Held. the deed defined a life estate to l..
and Nj. III. and the remainder vested ip W.
II. H. and became subject to levy and sale
at the date of the deed.
14il6. Penn Ompan VS.. Margaret My
ers, Administrative. Allen c. G. Reversed.
McCabe, faction for damages against
appellant for negligently causing the death
of appellee's interstate. The answers to inter-
rogatories show that the deceased was not
on appellants track in the execution of
authority conferred by appellant. but at
the time of the injury was walking there
on for his own convenience while on his
way to enter upon the discharge of his du-
ties upon his beat as a policeman Under
without right. 2. Although a railway COM
pany may be negligent. a person injured
cannot nevertheless recover if by looking
he could nave seen an approaching train in
time TO escape. and il will be presumed in
case he is injured by a collision either
that he did not look, or, if he did look, he
did not heed what he saw.
17O9S. John Parker ct al. VS.. State. Mar
ion Z. &. Reversed. Corey, J.-To au-
thoriZe the proof of threats, whether gen.
eral or special, in a prosecution for muir
der. it is only necessary to show that the
person injured is within the scope of the
threats uttered. =. The accused may be
asked when testifying as to certain arrests
and prosecutions against him occurring
in the past for the purpose OF discrediting
his testimony. 3. The declaration or the
murdered man just after he was shot
made to his wife, and In the absence of the
accused, that the accused did the shoot
ing was not part of the res gestae, and was
incompetent A. An instruction that a
whereabouts during al the time within
which the alleged crime might have been
0pnnar,v con 80 y tbe INV in ennnecs
ton with other evidence in the case tend
ing to prove guilt was erroneous. 3. 1t
was error to refuse to instruct jurors as
to their individual responsibility.
Appellate Court Opinions.
1011. Z. & T.. II. Ry. Co. VS.. Tilman III
Holcomb. Posey G. g. Affirmed. Gavin,
i'm case Of serious personal injury the
expense of medical treatment may be con-
sidered as an element of damages without
being specially pleaded. ,. The master must
use reasonable care to provide a safe work
ing place for his servant, which duty is a
continuing one and it devolves upon the
master to exercise reasonable care to keep
the place safe.
1856. Isaac p. Hopewell. Administrator, VS..
John Kerr. Monroe c. G. Reversed. Da-
Wis. c.. IA claim against an estate which
seeks s~ubrogation to the rights OF the
judgment plaintiff in a judgment on ac-
count of the alleged payment by claimant
as surety for the decedent, should contain
a Succinct and definite statement of the
particular facts upon which the claim is
founded, although such statement of the
particular facts may not be sufficiently
pleaded to constitute a claim for subroga-
ton, yet the complaint may state facts
sufficient to constitute a good cause of ac-
ton for the recovery of the money so paid
and in the latter contingency an answer
pleading the six years statute of linita-
tons is good.
1861. Charles Decker ct al. VS.. Moses L.
Washburn. Pulaski c. c. 70, Reversed
where a. public highway laid out is not
opened and used within six years from the
time of its being so laid out, it shall cease
to be a highway for any purpose whatever,
and the former judgment of the court by
which it was laid out then becomes functus
ofiicio and ceases to be 9perativei u,nistr.
tor, VS.. Mayer Altman. Marshall C.. G.
Reversed. Lott, J.-When in a claim
against a QecedentS estate a WllnSSS Is
pecuniarily interested in the result and adj
versely to the estate, although not a par
ty to the record and insolvent, he is incom-
petent under section 49S r.. 3, 1881.
Superior Court.
Room p. w. Harper, Judge.
John Coble VS.. Herman Cordes ct al;
mechanics lien. Cause dismissed and costs
paid.
Joseph P: Torbitt ct al VS.; James Shea;
op1 in6opoant for nlqinfif for xD %
Room 3-Pliny w. Bartholomew, Judge.
Charles H.. Groedel VS.. National Capsule
Co.; note. Judgment for $310.16 and costs.
Criminal Court.
Willard F. Cox, Judge.
State VS.. William Brooks; burglary.
Pleaded guilty. Imprisonment in the State
prison for three years.
State VS.. James Miller; grand larceny.
Pleaded guilty. Imprisonment in the State
prison for three years.
Pleaded guilty. Imprisonment in the State
prison for two years and lined SO and
costs.
State VS.. John Slaughter; burglary.
prison for two years.
Circuft Court.
Edgar A. Brown. Judge.
Flanner & Buchanan VS.. Regina Bouz-
helms estate; claim. Allowed by court for
Cynthia ]. Mangum VS.. Indianapolis
Warehouse Co. DEFENDANTS motion for a
new trial overruled- Judgment on verdict
in favor of plaintiff for Sl59.SI.
New Suits Filed.
John c.. Perry ct al. VS.. Albert II. Mills;
in guaranty. Superior Court, Room 3.
John G. Perry ct al. VS.. George w. Burn
ham ct al; on account. Superior Court.
Room ,.
John Thomas VS.. William CT. WATSON;
note. Superior Court, Room l.
Thomas Ford VS.. Michael Casseriy ct al.
note. Superior Court, Room l.
CITY NEWS NOTES.
The meeting of the Ladies' Social Circle