The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-11

over In case OF his death without issue. the
words refer to death without issue during
the lifetime of the testator, and the primary
devisee surviving the testator takes an ab-
solute estate in fee simple. 3. A clause in
a will which devises the right of alienation
by the heirs for a period Of twenty-five
1850 Mode vs. Beasley Washington C.
c. Affirmed. McCabe. 1.-THE act of March
9. 1889, r. 5. 1894, Sections 1913. 55Ss. is not
unconstitutional. 2. No one has a vested
right in the continuance of a county seat
at a particular place. and in the absence of
constitutional restrictions the Legislature
has the power of removing it,
1I2l3. Tindall VS.. Miller. Fayette c. G.
Petition for rehearing overruled.
Appellate Court.
1919. Kearns VS.. Buriing. Benton c. c..
Reversed. Lott, J.-Ony where the evil
dence upon the material questions is un-
disputed and only one legitimate Inference
can be drawn therefrom can the court in
struct the jury TO return verdict In favor
of the person whose evidence Is unim-
1897. Cooper VS.. Forgey. Howard c. C.
Affirmed. Davis. J:-When there is simply
reverse the finding of the jury.
1912. Bratton VS.. Ralph. Vermillion c. C.
Affirmed. Gavin. c. 1.-THE right to take
and labor done and material furnished is
not lost by the destruction of the building
by fire after the completion of the work
and before the filing Of notice.
III. Holman VS.. Stannard. Clark c. G.
Appeal dismissed. Reinhard, J.-Where the
appellants have received the whole or part
of the judgment from which they appeal,
the appeal will be dismissed.
zoos. Gas Trust Comany VS.. Huntsinger.
Hancock c. c. Petition for rehearing over
auired to afiirmativeiy Show t some ruling or
error prejudicial TO his rights. 2. A gas
company has not the right as against the
owners of the fee without their consent and
over their protest, to construct a gas pipe
line on and along a highway.
1855. Shirk VS.. Wabash Railway Company.
Huntington c. c. Affirmed. Ross, J.-Those
who attempt to cross a railroad track are
bound to know that it is place of danger
and must look and listen and be assured
that no train is approaching before going
1872 f. & T. H. Railway Company vs..
, Gates. Sullivan c. c. Petition for rehear-
ing overruled.
1914. Life Insurance Company VS.. Stewart
Elkhart c. c. Petition for rehearing over
ruled.
1910. Terry VS.. L.. n. A. & C. Railway
Company. Monroe G. C. Petition for leave
to file cross errors granted.
1851 Building Association VS.. Olcott. Ma
rion S. G. Transferred to Supreme Court.
1917. Cicero Township VS.. Falconberg.
Howard C. C. Appellant petitions for re-
hearing.
Superior Court.
Room 1-Jno. L. McMaster.. Judge.
Duncan DeWar VS.. Allen W. Adams ct al.
Finding and Judgment for plaintiffs.
Laura f. Mckay VS.. William c. Partee;
Sears, ]. p. Dismissed and costs paid.
John W. Blackledge VS.. Lewis-Porter Cab
met Company; damages. On trial by jury.
Room 2-Lawson NJ Harvey. Judge.
Robert Penberton VS.. Vincenzo Roja ct
al; mechanics lien. Dismissed. Judgment
against plaintiff for costs.
Derk DeRuiter VS.. Wallace p. Miles;
sewer lien. Dismissed and costs paid.
Edgar A. Kepler vs. Theodore G. Marceau;
contract. On trial by jury.
Norman s. Byram VS.. Benjamin +. Nor
gan ct al; notes. Judgment against defend
ants for s265.76 and costs.
Room 3-Plny w. Bartholomew, Judge.
Lulu May Horton VS.. Citizens Street
railroad Company; damages. On trial by
jury
Edgar A. Brown, Judge
Sullivan NJ. Hilligoss, recorder, VS.. WILL
lam A. Rhodes; on stock subscription. On
| trial by court.
New Suits Filed.
Eliza Jane Wilson VS.. Sarah Ann CULVER
| eft all; suit for partition. Superior Court,
| Room /.
Indiana Bond Company VS.. Susan X
| Blackledge; improvement bond. Circuit
| Court.
Cora Schwartz VS.. Lizzie Flannery; suit
| on note. Superior Court, Room 3.
Samuel n. Watson VS.. Detective Publish
| ing Company ct al; suit on note. Superior
Court, Room 2.
mann; suit for divorce. Superior Court,
| Room 3.
Sarah Crosley VS. David T. Cooper; suit
| on note. Superior Court, Room l.
John Fl. Smith vs.. Eliza j. Frances ct al.
sewer lien. Circuit Court.
| George w. Seibert Jennie r. Reynolds
ct al; Improvement bond. Superior Court
| Room 3.