The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-01
THE COURT RECORD.
Supreme Court.

1890. School Township VS.. Board of School
Commissioners. Marion s. {. Anrmeu
Jordan il In an acton n BY tng Staoe on
sioners of the city of Indianapolis against
Center school township to recover the money
arising out of the surplus dog tax fund for
the wears 1893. 1894 and 1895 Held, that 1t
was proper to bring such suit against the
township and not against the trustee upon
his bond; also, if the defendant had received
money belonging to and due the relator,
the use of its public schools. then the law
imposes upon it the duty TO refund such
money! also, the defendant having received
the money through judicial misinterpreta-
ton of the law, it cannot deny the relator
right thereto Facts de creating an es'oppe
Is1Ss' Roller vs.. King. Allen c. c. Re-
versed. Monks i'll. In submitting inter-
rogatores to jury IT is the duey OF the ne cGu J
to find the ultimate facts WITHIN the issues
made by the pleadings, and not to empar-
rass and confuse them py nons
illusions of law and matters without the
issues. 2 Although q jury is enormously
instructed the instruction VIII pc naFmless
when the jury returns a special Verdlct. 5.
When the jury is to return speclal YER
diet it is only proper for the court TO IN
struct the jury as to the issues made by the
pleadings, the rules for weighing and recon-
Cling the testimony. who has the burden OF
proof as to the facts to be found, with
whatever else may be Se 10 dlItias
concerning such special verdict and the
facts to be found therein. 4. In bringing an
action to set aside will and the probate
thereof the plaintiff assumes the burden OF
showing by preponderance OF the evidence
that the testator did not at the time When
the will was executed have testamentary ca
pacity when the complaint IS based upon
his unsoundness of, mind, and there is no
preponderance either way the party bringing
the action cannot reason. D. A person who
has sufficient mind 10 know and understand
the business in which he is engaged. who
has sufficient mental capacity to enable him
to know and understand the extent OF ms
estate the persons who would naturally be
supposed to be the objects OF his bounty;
and who can keep these in mind long enough
to have his will prepared and executed has
testamentary capacity.
1899 Hockemeyer VS.. Thompson. Allen
s. c. Petition for rehearing overrued. Nc
Cabe. with reference to Allen county,
the jurisdiction of appeals from boards of
commissioners in drainage proceedings is
vested in the Superior Court.
1892. Natural Gas Company VS.. Leslie.
Madison S. c. Affirmed. Howard. G. il.
In a suit TO appropriate an easement in
land for the laying of natural gas mains
the jury i'm rendering verdict may take
into consideration the relation OF the bal
ance of the farm land twhen farm land is
in question: 10 the part condemned In de-
priving the owner of privilege or making
improvements on certain portions thereof,
the leakage OF gas permeating SOIL and tile
bitches, causing explosions ARD loss to
cros,s. 2. Where a company mas taken pos
session of land. after the making of the
award by the appraisers under acts 1893,
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