The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-18

money to be recovered IS assessed by the
jury in their general verdict II is not with
in the province of the court to reassess the
amount upon the special findings OF the
jury.
$40. Moorewood Company VS.. Smith.
Grant c. c. Reversed. Henley, il. The
mere fact that an employe is in his minor
ity will not of itself change the rule that
contributory negligence will defeat a re-
covery for an injury received In the SER
vice of the employer. 2. When the danger
TO be encountered is equally open and OBJ
servable to the master and servant alike
and the latter is injured by reason of his
own inattention and negligence he cannot
recover for the injury received
3lO6. Razor VS.. Mehl. Elkhart C. G.
Affirmed. Comstock, il. Authority TO
grant letters of administration is wholly
statutory. 2. Letters of administration
issued IN the wrong county of the State of
which the decedent was an inhabitant at
the time of his death are not void but
voidably only. 3. When person dies leav-
ing property, both real and personal, In
another county from that in which he lived
and died and an administrator is appoint
ed in the county other than that which he
died, such appointment is valid until re-
voked; and a subsequent appointment of an
administrator in the resident county will
not authorize the latter to institute pro-
ceedings to revoke the letters issued to
the first appointed administrator.
1869. Stout VS.. Scott Hendricks c. c.
Transferred to S. c.
1902 Bolt VS.. Ward. Clinton C. C. Trans
ferred to S. c..
$780, Brown VS.. Cox. Boone G. c. Trans
ferred to S. G..
S2l2 Cruson vs. Cots. Clark c. C. Pc
tition to advance overruled.
Minutes
3409. George o. Jean VS.. State of Indiana
ex rel. Bertha L. Guthrie. Greene c. c..
Appellants brief filed.
1864 Thomas Mullen VS.. James w.
Bower. Henry c. c. Appellants brief (S)
filed.
3417. Charles H. Barnhart VS.. Julius
3O67 EIwood Electric Street-railway
Company VS.. James b. Ross. Madison s.
c.. Return to certiorari.
SUPERIOR COURT.
Room John l.. McMaster, Judge.
Mary c. Nichols VS. George Berg; FORE
closure. Dismissed. Costs paid.
John A. Meyers VS.. Z. Chubb Fuller; on
contract. On trial by court.
Edgar Wilson VS.. Lon Maxfield; judg-
ment by agreement for plaintiff against
defendant for $50.
Matthias Hatch VS.. John Doe ct al Find
ing and decree for plaintiff correcting de-
scription in deed and quieting title to prop
erty.
Room FLAMES NJ. feathers, Judge.
Enos A. Almonds VS. Walter Z. Newly
ct al; judgment Defendant defauIted;
against defendant for s121.15 and costs.
Z. A. Strong VS.. Orlando c. McGannon:
mechanics lien. Dismissed and costs paid.
Morrow Timmons VS.. Charles 3. Cook ct
al; mechanics lien. Dismissed at plant
IFS costs.
William H. Stringer. recorder of Eureka
Saving and Loan Association, VS. John L.
Mccartney; account. On trial by court.
Decree granted plaintiff. Judgment against
defendant for costs.
Room 3-Vinson Carter, Judge.
Laura Mitchell VS.. Charles l.. Mitchell;
divorce. Granted plaintiff. Judgment
against defendant for costs.
American Construction Company ct al.
damages. On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
William Schaefer VS.. Citizens Street.
railroad Company; damages. Dismissed by
plaintiff. Judgment against plaintiff for
costs.
Ida F. Fisher VS.. United. States Benevo-
lent Society; on insurance policy. Trial
resumed. Additional evidence heard.
CRIMINAL COURT.
Fremont Afford. Judge.
Wayman White; murder. Trial by jury.
Evidence concluded Defendant files in
structions. Argument in part. Cause I'M
timed.
NEW SUITS FILED.
Israel J. Conarroe VS.. William F. Nc
Carly; dissolution of partnership. SUI
perior Court, Room 8.
Smith & Davis Manufacturing Company
VS.. Otto Brade; on account. Superior
Court, Room 1.
Elva Garrett VS.. Asa Garrett; divorce.
Circuit Court.
Alma Fidler VS.. Harry L. Fiddler: d.
yorce. Superior Court, Room g.
Alice Lawrence VS.. Quincy Lawrence: di-
vorce. Circuit Court
William j. Repley VS.. Thomas E. Kane;
replevin Superior Court, Room 2.