The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-01

tons to the ruling Of the trial court in re-
1using to sustain a motion TO quash an in
dictment are waived by failure to point out
any defect therein. ?. 1t is not error to sus-
tain a demurrer TO q plea to an Indictment
when the mi tiers therein contained are not
Such as can be pleaded specially. 3 The
plea TO an indictment may be: (a) A former
acquittal; Nb) a former conviction; (c) in
sanity: I'D pleas TO the jurisdiction and (e)
pleas in abatement. l. When a party is
separately charged with the crime of murder
his guilt or innocence does not depend upon
the conviction or acquittal of another per-
son charged with the same Offense, nor does
the grade of his crime depend upon the YER
dict and judgment in the trial of such other
person. .. Where the objections TO instruc-
tions are fully met and removed by other
parts OF the instructions they are not err
1857. Aspy VS.. Lewis Bartholomew G. c.
Reversed Hadley, il. No construction
child or direct descendant i'm favor of col
lateral kindred, unless the language of the
Will is such as to clearly indicate such in
tention. 2 Where a testator devised his
real estate to his wife SO long as she re-
manned his widow and in case of the death
or marriage of his wife to go to his child,
provided such child was living, and If not
tc go to his (testators) brothers and sisters
OF their heirs the said testators wife hav-
ing never married. his said child intermar-
r!ed and died before her mother, leaving her
husband and children her heirs. Held,
that the surviVorship of the testator's child
related to the death of the testator and not
to the death of his life tenant-the testator's
wife, and that the real estate was devised
10 Sucn WlIe during lie ana at her QedJn
the estate in fee went to the daughter.
1865. Aetna Life Insurance Company VS..
Sellers. Wells c. 9. Certiorari granted.
1879. Bridgewater vs. State of Indiana.
1921. ORA VS.. State of Indiana. Marion
Grim. G. Dismissed under Rule 70.
Appellate Court.
2943 State of Indiana VS.. Schoonover.
e Screen e e Appeal not sustained Com
by either the prosecuting attorney or the
defendant in criminal cause on account
of the absence of a witness, in order to avoid
a continuance the opposite party must adj
nit the truth of the facts to which it is
claimed the absent witness will testify, and
such facts to be submitted to the jury I'M
controversial but where the defense admits
the statement OF the prosecuting attorney,
1t is not an admission or abatement that
such testimony is true.
PIP. Phoenix Insurance Company VS..
Overman. Grant c. c. Affirmed. Robin
son. il. Whether a mortgage has been
delivered to the mortgagee or his agents is
question of fact, to be determined from the
acts done and from the testimony of the
parties q An acceptance of mortgage
must be shown affirmatively before the
mortgage contract can have an existence.
3. The fact thai a mortgage on property
has been placed of record before the issuing
of an insurance polity thereon is not notice
tc the insurance company of the existence
of the mortgage. L.. A sufficient tender is
where the money Is first offered to the party
entitled to receive it or to some one author
lied to receive it for him. and if refused
paid into court for his use and benefit.
1851. Young VS.. Young Upton c. C. At
firmed. Henley, il. The person for whose
benefit a contract is made with another
party may maintain an action on such con-
tract. 2 A bond given by contractors for
the completion of a public school building
may be enforced by any person to whom the
principal is indebted for work or material
under the contract secured by the bond,
when the contractors agree to pay for all
labor and material. 3. Sureties are entitled
to stand on the strictness of their obliga-
tion and their contract of suretyship does
not extend beyond the strict scope of its
terms 4. BY reference a contract which is
secured by a bond may be made part of
the latter. 5. contract secured by bond
may provide for alterations and be binding
on the sureties.
Superior Court.
Room II. L. McMaster, Judge.
Emma Schroyer VS. The City of Indian
apolis; damages. On trial by jury
Room FLAMES NJ feathers, Judge.
Robert A. Forest VS. The Big Four Rail-
road; damages. On trial by jury.
Room 3--Vinson Carter, Judge.
Citizens National Bank of Greensburg,
Ind, VS.. Charles b. Clancy ct al; note.
Dismissed and costs paid.
First National Bank of Chicago VS.. La
by court.
Henry Clay Allen, Judge.
Evans Linseed Oil Company VS.. National
Linseed Oil Company; on account. Dis
missed and costs paid
Edward May VS.. Lula May; divorce. Find
ing for defendant; divorce denied, Judg-
ment against plaintiff for costs.
Matthew Roth ct al. VS.. Henry Mack; on