The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-09-30
THE COURT RECORD.
Supreme Court.

Supreme Court
1880 Young VS.. Miller. Montgomery C.
C. Reversed Hackney. Ii A prima
facie case made by the plaintiff must al
ways stand unless its force is broken by
the defendants evidence. but the defendant
is never required, under his general denial.
to negative the truth of the plaintiffs
prima facie case by a preponderance of the
preponderance of the evidence If the
evidence is equally balanced between the
plaintiff and the defendant the plaintiff is
not entitled to recover. q The phrase ''un-
sound mind" as employed in Section 2726.
reference to the existing and then well I'M
derStood legal definition of teStamentary
capacity, which is mental condition not
wholly sound, but possessing the scope and
power to comprehend the property subject
to bestowal. the natural objects of such
bounty, including their just deserts, and TO
direct and execute d testament bestowing
such property without influence from exist
ing mental nfirmity.
1857. Wilson vs. Wilson Marshall c. c.
Affirmed. Jordan. J.-When widow IS de-
vised real estate by her deceased husband
and it is shown that the devise to her was
intended to be in lieu of her rights, as
widow, under the law to his real estate
1894 Section $780, she is not required to elect
as formerly TO take under the will, but she
is required within the time mentioned and
in the manner provided to renounce the
provisions therein made for her benefit or
her rights will be controlled by the will. 2
There may be an implied acceptance by a
widow of the provisions in her deceased
husbands will by her actions and conduct
VIZ" i SpbGet 70 axe nion tv OF
Indianapolis. Marion S. c. Affirmed
Monks, c. J.-If affidavits in support of a
motion were sufficient to sustain the action
of the trial court and although they and
the counter affdavits were conflicting this
presented by affidavts, and determine
where the preponderance lies.
1743O. Thrash VS.: starbuck; Jay c. c.
Petition for rehearing overruled.
1892. Printing Press Company VS.. Trust
and Saving Bank. Elkhart G. c. Petition
for rehearing overruled.
Appellate Court.
1854. Yelton VS.. Kerns. Henry G.. G. Re,
versed. Davis, c. IA wife is not bound
by an oral executory agreement with her
husband in his lifetime to relinquish her
statutory allowance for a consideration
paid to some third person.
ISL cbson vs. sss1e ok rel ROSS J
A right of action ACQUIRES under Section
6326 Revised Statutes. 1894. when a person
pays a voter to refrain from voting and
the latter accepts the morey. although the
voter after accepting the bride cast his
vote.
2oOl. Purviance VS.. sh,ltz. Huntington
c. C. Reversed. Lott. il. An intention
the benefit of such work and labor may be
shown by agreement to pay for such work
and labor by bequest in will by such per-
son so receiving the benefit OF such work
and labor. and when such an agreement is
shown failure to make such bequest by the
person agreeing to do SO makes his estate
liable for the value of such work and a
claim against his estate is good and may be
recovered @ 1t is error to instruct a jury
that an infant cannot contract for home
and family relations. B. When the court
instructs that from certain facts a pre-
sumption arises SUCH presumption must De
one of law.
1850. Leaven VS.. Marsh. Randolph C; c.
5. isss which provided and made it the
duty of the prosecuting attorney to sue
such county officers on their official bond,
to the State all moneys to which 1t was en-
titled but failed to do so and the same
was collected by the Attorney-generalf from
such officers and recover the commission or
fee allowed the Announcement for max
ing the collection was not ot rr by f fne
a court to refuse a change of venue when
the application is made after the time fixed
by such a rule of court within which the
motion shall be made unless the reasons for
such change were not discovered until after
the day fixed by the rule.
Superior Court.
Room John l.. McMaster. Judge.
Malissa Staum VS. indianapolis Gas Com
pany ct al; damages. Judgment against
plaintiff for, costs. Plaintiff dismisses.
James Blake VS.. William Lane, jr.; dam
ages. Plaintiff dismisses. Judgment
against plaintiff for costs.
Room 2-Lawson M. Harvey, Judge.
Powitsky & Collins Carriage Woodwork
Company VS.. Leonard & Simmons Capt
tai City Buggy Company; receiver, Cause
called for trial and continued until Sept
Room 5-Plipy w. Bartholomew, Judge.
William Shipman VS.. p. c.. &. e ST. L.
r. r. Co.; damages. jury returned spe-
cial verdict and answers to interrogato-
rieS.
Criminal Court.
Frak McCray, Judge.
The State of Indiana VS.. Garrett Her
reII; assault and battery with intent TO
kill. Finding of guilty of assault and bat
terry. Fined $40 and costs. Sentenced to
the county jail for six months.
The State of Indiana VS.. Arthur Davis;
grand larceny. Defendant withdrew his
guilty Taken under Amusement.
The State of Indiana Fred Dyner
and John Hahn; petit larceny. Separate
trial of Dyner by the court. Cause sub
mitted Finding defendant nineteen years
until further order of the court. Defend
ant Hahn pleaded guilty. Fined 81 and
sentenced to the workhouse for seventy
five days.
New Suits Filed.
Emma Gillispy VS.. James A. Gillispy; di-
vorce Room 3.
Charles II. Roesner VS.. Lewis Baum;
damages: demand $1,000. Room 3.
Estella A. Maxwell VS.. Eli Maxwell; di-
vorce Room 2.
Cora l.. Thompson VS.. John Thompson;
divorce. Room 2.
Jonathan F. Brown VS.. Georganna
Elizabeth Bach VS.. Casper Bach ct al.
partition. Circuit Court.
Annie T.. McAllister VS.. Decatur Nc
Allister divorce. Room g.
TO HAVE HEALTH AND HAPPINESS
Use Garland" Stoves and Ranges.
m=zz~z=m.zn2@sn@@a@~E