The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-12
Notes of Recent Opinions.

The measure of damages for delay III de-
livering cipher telegram is held in Fur
gusson VS.. Anglo-American Tel Co. (Pa)
IS L. r. A. 554, to be limited to the amount
paid for its transmission. s1
A jury summoned by direction OF the
court from the country districts OF county
to the exclusion of residents OF a city is
held, in Zanone VS. State tTenn.) 30 l.. r. A.
556, to be illegal under constitutional
guaranty of an impartial jury of the
county
The Georgia statute for the prevention Of
cruelty to children is construed in Collins
VS.. State (Ga.) 50 l.. X. A. sol, TO be in
father, but not quite as strong, and who
had attained the physical strength and
stature of manhood.
Overdrafts of a corporation which was en-
tirely owned by one member of banking
firm are held in Potts VS.. Schumacher (Md.)
30 l.. X. A. 1872, TO give no rights 10 the
trustee of the insovent bank 10 share in
the assets of the corporation until after the
creditors of the corporation have been paid.
The right of a bank TO set off the unrna-
Of bed 80 aepsGE Em
Bank Of Angus (Iowa) 80 l.. r. A 49, TO be
superior TO the rights Of a drawee of d
check on the deposit, of which the bank
had no notice until after it learned of the
depostors insolvency.
The attachment by punishment of the
property of a defendant upon which the
garnishee has a lien is held in Hartzell VS..
Vigen IN. D. 30 l.. r. A. 45l, TO be sufficient
under the Minnesota statutes to give Juris-
dlCIOn 10 TenutI a NdIlu Judgment III rem
against a incorporating, nonresident de-
PENDANT who is served by publication only.
Oral evidence TO show that a wifes deed
of trust of her legal estate is security for
her husband alone rs the principal debtor
on note signed by him and several other
persons is held, in McCollum vs.. Boughton
(MO) 80 l.. r. A. 4S0, to be inadmissible for
the purpose of making her land liable for
the debt before holding the other sgners
liable
A contract by an employe Of a railroad
company to the effect that his employer
might deduct from his wages a certain sum
per month for relief tund, and that IN
case of accident his acceptance of relief
from the relief department should operate
as a release of the employer, is held, in
Pittsburg, c., G. & St l.. r.. Co. VS.. Cox
s(Ohio) 80 l.: r. A. Oh. to be based upon
valid consideration, not lacking in mutual
ity and not contrary TO public policy.
Some important questions as to the cross
examination OF a defendant in a criminal
case who takes the witness stand in his
own behalf are decided, In State VS.; Pan
coast IN D. s. l.. r. A. SIS, and II Is held
that he Is subject to the same rules OF
cross-eXamination that govern other witt
nesses and may be required TO answer any
relevant and proper question that will tend
TO convict him of the crime for which he
is being tried, even though II may also tend
to convict him of some collateral crime.
A bylaw that Withdrawing members shall
be paid in the order of the presentation of
their applications is held, in Engelhardt vs..
Fifth Ward Permanent ID. S. & l. 4Asso.
IN W 80 l.. r. A $50. to be a reasonable
regulation which is binding on existing
members and il is also held that with
drawing member cannot sue the association
until there are funds In the treasury out
of which his claim can be paid. at least in
the absence of bad faith or The insolvency
of the association, where the articles pro-
vide for the rcfunding when the necessary
funds are collected