The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-24

An agreement by an attorney to prosecute
suit entirely at his own expense, in con-
sideration of one-half the recovery, is held
in Johnson VS.. Van Wyck I'd. c., Al l.. r.
A, So to be void for champerty.
An electric passenger railroad on coun-
try highway is held in Zehren VS.. Milwau-
kee Electric r. & L. Co. (Wis.), Al L. r. A.,
575 to constitute an additional burden which
requires the consent of the abutting owner
and payment of compensation.
Preference Of usurious debts is held, in
Hitler VS.. Ellis (Miss), Al l.. r. A., 707, to
make an assignment for the benefit of cred
itors void. This is subject on which there
are not many authorities, and these are not
agreed, but their effect is shown in a note to
this case.
The rule that drawee bank is bound to
know the signature of its depositor is APP
piled in First Nat. Bank of Belmont VS.
First Nat. Bank of GAINESVILLE (Ohio), Al
l.. r. A., 1884, with the effect of denying the
right of q bank which has paid forged
check to obtain repayment from the party TO
which it paid the money
A statute making it an offense to have
possession of prohibited articles winch are
of no lawful use, such as record of num-
bers drawn in a lottery, or of lottery
ticket, is held, in Ford VS.. State CMd.l, Al L.
r. A., $751; to be constitutional, and igno-
rance of the character of the articles Is
held to constitute no defense.
A state constitution reducing the number
of a grand jury and permitting conviction
by less than unanimous vote of the petit
Jury is held in State VS.. Caldwell DAD, Al
T. r. A.. lis to be valid as applied to the
prosecution of crimes previously committed,
and not to be an eX post facto law, because
the changes relate merely to the remedy.
The exaction of toll from a bicycle rider
on a turnpike is held, in Gloucester & s.
Tlirnp Co VS., Leppee On. j., Al l.. K. A.,
457, to be unauthorized by charter giving
a. right to toll for every carriage drawn by
one or more beasts, and the right to stop
any person driving any carriage OF burden
or pleasure who attempts to pass the gates
without toll.
An ordinance recurring railroad companies
TO construct and keep in repair ViaductS
over streets crossed by their tracks is held
i'm Chicago b. 6, Q. r. Co VS.. State eX rel
Omaha (Neb), ii l.. r. A, 4S1, to be valid
exercise of the police power of the state
This decision was affirmed by the supreme
Court of the United States in llO 7. b, o.,
AZ L. ed, 94S.
An experienced traveller who steps out OF
q sleeping car and falls upon the track when
he slpposes he is entering the car closet
while the train is passing through tunnel
and the car is dark, at about o'clock In the
Central & Fl. r. r. Co. On. Y.) Al Il. X. A.,
724. to be guilty of such negligence as VIII
preclude his recovery even if the carrier is
negligent
A Bible containing names and dates of
birth Of members Of the family is held in
Supreme Council of the Golden Star Fra
ternity VS. Conkln IN. j., Al l.. r. A, 449:
to be inadmissible as evidence or the age OF
a person. when there is no PROOF When or
nv whom the entries were made, or or the
writer's knowledge of the facts, or that the
nersons named therein had ever acknoWl-
edged the authenticity of the record.