The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-11

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verdict for the defendant when there Is
evidence from which the jury may infer a
liability Of defendant to plaintiff. l. Ii is
only when the plaintiff fails 70 make a case.
so that il would be the duty of the trial
court or of a higher court on appeal to set
aside the verdict not being supported by
any competent evidence on some material
point that. a verdict for the defendant
should be directed
1901. La fora vs.. Teal. Upton c. c.
Transferred TO Appellate Court
1895. Jones VS.. Peters. Jasper C. c.
1895. schaeffer VS.. Rominger. Bartholo-
NEW c. c. Same.
1855. Bonner VS.. Bonner. Warren c. C
1885. Plank VS.. md, ETC., Assn. Hunt
ingtOn c. c. Same.
1886. Kuhn VS.. Bachne. vanderburg
1880 Burke VS. Meade. Wabash c. ..
Same.
1892. Mitchell VS.. Knisely. Marshall c.
G. Same.
1876. John Gross VS.. Board Of Commits
sioners of Whitley county. Appellants pc
tition for additional time granted TO June
l, 1901.
1859 Cornelius II. Herring ct al VS.
Fred c. Mosier ct al, petitioners Appel
lants' petition for extension of time de-
MED.
APPELLATE COURT.
3749 Pulse VS.. Osborn Decatur c. c.
Affirmed in part and reversed in part CON-
stock, il Under Section 1885, r. S. 1881
as amended acts 1897, p. l25), any person
holding lands as joint, tenant or tenant in
common. whether in his own right or a.
executor or trustee, may compel partition
thereof in the manner provided by said
act. 2 Where an estate is held for life.
during the lifetime of such holder against
such, partition cannot be had by re-
nainGerman; but when at the death OF
such holder the title and right of possession
passes to the remaindermen they may COM
pei partition. g. In constituting a will the
intention of the testator is first TO be ascer-
tanned: and when the will creates a life
estate and remainder over to other per-
sons the court is to be guided by the fol-
lowing rules of construction: % A remain
der IS never to be considered as contingent
when il can be taken TO be vested. CD Sur
vivorship should in all cases, IL there be no
special intent manifest TO the contrary, be
referred to the period of the death of the
testator 90 The law favors the vesting of
estates. and they will be held TO vest at
the earliest possible period. in the absence
of a clear manifesto ton of the intention OF
the testatOr to the contrary. 4. The policy
OF the law is opposed to joint tenancy and
III favor of tenancy In common. 8. Where
the provisions Of will are: First, / give
and bequeath TO my daughter my
house and lot in which | now live, subject
to the conditions hereinafter stated. And
i further direct that in case of the death OF
my daughter (same daughter) be-
fore the death of my grandchildren, or
either OF them. all of her legacies given In
any item OF this will shall revert or descend
10 my surviving grandchildren, or either
of them, If the other is dead, TO the exclu-
sion of her surviving husband, If he sur
wives her. II either legatee dies, his or her
portion shall go TO the survivors," Held
that the life and remainder in fee estate
vested at the death of the testator. ana
that the mention by the will 10 give
the daughter a life estate In the property
named, and at her death to go in fee to the
fr-law, and that the expression IF either
legatee dies, his or her portion shall 80
to the survivor" is to be regarded as
mere repetition, and as not changing the
sense. g. An intention TO restrict the alien
alton of property should clearly appear TO
have that effect. Z. A demurrer to answers
filed is sufficient when IL is in the follow
ing language: THE plaintiff demurs to the
answer of the defendants tn
following grounds: That said answer does
not state facts sufficient 10 constitute 4
cause of defense to plaintiffs complaint"
S. Where a life tenant occupies land with
full knowledge that her estate Is only one
for life she cannot be an occupying claim
ant under Section 1857, Burns, 1894. O. When
the property mentioned In said will above
referred to is sold upon partition proceed
irgs brought by the remaindermen after
the death of the life tenant, the proceeds
are to be equally divided among them and
not held in trust until one or the other of
them should die so that it may be paid to
the survivor.
1916 Payne VS.. Terre Haute, etc, Il.
Company. Clay C. c. Reversed. Wiley, j.
Common carriers are subject TO the same
eence to persons riding on free passes as
they are 10 those who pay full fare.
S7S2 c., /. & E. Railway Company VS..
Thompson Grant c. c. Affirmed. No
1855 Lick VS.. Lingeman. Kosciusko c.
c. Petition for rehearing overruled.
Minutes
3sn The Prudential Insurance Company
of America Mary r. Sullivan. Appel
lees brief on petition for rehearing go
1914 The McElwaine-R Richards Company
VS.. John Wall Appellee's statement
against the motion TO amend, etc.
$685. The Light, Heat and Power Com
pany VS. Robert f. Burk ct al Appellants
response TO motion TO set aside order of
April 4, postponing petition for certiorari
until final hearing.
Oral Arguments
Division No. 1.
BIS P. c., c. * st. L. Ry Co., VS. Ma
honey, administrator October % 1901, 10
1894 Felt, trustee VS.. East Chicago Iron
and Steel Company. October "a, 1901, 10
a. m.
SUPERIOR COURT.
Room John L. McMaster. Judge.
Peter Boone VS. Indianapolis Street-rail-
way Company; damages. Jury returned
verdict for plaintiff and assessed his dam
ages at $500.
Room FLAMES NJ. feathers, Judge.
Francis Barker VS.. John Johnson on
PENDANT for 1914 and costs.
Samuel Redwne VS.. Sarah Etcher; chat
tel mortgage. Finding and judgment against
defendant for $50 and costs.
Cass Johnson VS.. indianapolis Street
railway Company; damages. Dismissed;
cost paid
Room 3-Vinson Carter, Judge.
John NJ Sullivan VS.. Volney T. Malott,
receiver, ct al; damages. on trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Ivah Hulszer VS. Elmer L. Hulsizer; di-
vorce. Submitted TO court; evidence heard
in part.
Fannie Naylor VS.. Anthony Naylor; di-
yorce. Order TO pay s. for prosecuting at
torney set aside; submitted to court; find
ing for plaintiff; decree of divorce; plain
tins maiden name, Fannie Liliard, re-
stored. plaintiff given possession of house.
hold goods; judgment against defendant for
costs.
Sylvia Mohler VS.. William II. Mohler; di-
vorce. Submitted TO court; finding for
plaintiff; decree of divorce; judgment
against defendant for costs.
Nelson p Jones VS.. Elizabeth Jones; di-
vorce Disclosed for failure TO comply
with order court; Judgment against
plaintiff for costs.
Ella Gallagher IS. John Gallagher ct al:
for support Dismissed by plaintiff; judg
ment against plaintiff for costs.
Myrtle Clark VS.. Roscoe Clark; divorce.
Submitted 10 court; evidence heard: finding
Tor plaintiff: decree of divorce plaintiffs
maiden name Myrtle Stout, restored; judg
ment against defendant for costs.
Leila Murphy Vs. B. Frank Murphy; di-
vorce Dismissed by plaintiff; judgment
against plaintiff for costs.
Mabel f BreedlOVe VS.. Thomas Breed