The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-10

Adlh
1912. Catherine Brown VS.. William Cox
Montgomery c. c. Transferred 20 Appel
1895. James A. Pritchett ct al. VS.. Ellen
Sheridan. Fountain c. c. Same.
Minutes
1864. State of Indiana VS.. Charles Hind
man and Frank NJ. Hindman. Greene c.. G.
Appellees. motion to dismiss and notice
tor Oct. Is. 1901.
1881 James r. Carnahan ct al. VS.. Bart
lett II. Campbell, receiver. etc. Madison
). {. Appellee's brief on petition for re-
hearing o.
Consumers Gas Trust Company. Marion
>; {. Appellee's dismissal of assignment
Of cross errors.
1862. Martin e. Wilkinson VS.. Board of
Chlldren's Guardians Of Marion County.
Marion c. c. Appellee granted leave to file
brief. Appellee's brief 90
1902. Asbury Teal ct al. VS.. Elizabeth NJ.
Richardson. Steuben c. c. Appellants
1868. Joseph D.. Keith VS.. State of In
diana. Gibson G. c. Appellants applica-
errors.
APPELLATE COURT.
1856. Edith May Hammond VS.. William G..
CroXton ct al. Steuben G. G. Reversed.
Henley, il. When real estate is given to
a person, with a devise over to another of
what may remain of the gift undisposed of
by the first taker at his death. the devise
over is void; ana, when real estate is given
10 a person generally with a power of dis
position, the person takes an estate in fee,
and any limitation over is void for repug-
nancy. , Where a t~estator devised his
property in the following language. Il d.
rect that my beloved wife be made my exec
utor and administrator. and that she have
full power to bargain, sell, and convey any
or all Oh my property, real or personal, by
deed or otherwise as she may see fit, in as
full and ample manner as L could do were
L living; and after her death, and not until
then, the heir, If living, is to have all that
part aPt @ OF the BE PROPERTY 1e{P e real and personal
and her funeral expenses be paid" Held
that the wife took an estate in fee in all
the property botn real ana personal owned
by the testator at his death, and she could
dispose Of said property at her death by
1854. Western Union Tel. Co. VS.. Willard
Maddux. Lawrence c. c. Reversed per
pellant VS.. Ferguson, 60 n. +. Rep, GA.
1884. Board of Commissioners VS.. Board
versed. Black, c. il. The provisions of
the code relating to struck juries do not
modify and are not affected by the general
provisions of law relating to common juries.
2. A struck jury is a special privilege of a
party to an action for which he must pay
the fees for striking ii, and $1.25 each day to
each one of the sixteen members OF the
panel in attendance at court as a struck
juror. 3. The party requiring a struck
jury must pay as the service is rendered.
and there is no means provided for his
reimbursement except by way of ecovery
thereof as costs from the adverse party as
indicated by the statute. 4. Each struck
juror must be paid $125 each day of his
attendance by the party requiring such
jury, not by the county, and there is no
obligation upon the county TO repay this
sum to the party recurring such jury o,
The act of 1873 with reference to the en-
ployment of shorthand reporters in conn
ties having a population of 10000 or more is
not applicable to Henry county, and an
allowance for such services out of the
COUNTY treasury is unauthorized.
1868. Southern Indiana Railroad Company
VS.. James b. Thompson. Jackson G. c.
Dismissed. COmstock. il. The right of
appeal is purely statutory. 2. This appeal
being within the jurisdiction of a justice of
the peace and no question presented within
Section s of acts 1901, Page 565, AN act con-
corning appeals" the case is dismissed. the
transcript not having been filed in this court
when such appeals were permitted.
1864. Ote SheetZ VS.. State of Indiana.
Benton c. c. Affirmed per curiam-no opin-
ion.
4OS6. Woodford c. Wood VS.. Indiana, etc,
Association. Knox c. c. Affirmed per
1914. Thomas ]. shannon VS.. Edward S.
Bonham. Clay c. C. Petition for rehear-
ing overruled.
Marion S. G.. Same.
1888. State ex rel. Board Commissioner
VS.. Henry Cassidy. DUBOIS 9. G. Motion
to dismiss postponed till final hearing.
Advancement denied.
361S. Midland Railway Company VS..
Francis NJ. Tissel. Madison c. c. Motion
TO dismiss postponed until final hearing.
Motion for leave to complete transcript
granted. Motion for leave to substitute
brief overrruled.
Hancock c. c. Motion for order requiring
sheriff to amend return overruled.
Minutes
4OOe. Richard H. Timmonds VS.. Walter
Twomey ct al. Floyd c. c. Appellees'
4i25. The Pennsylvania Company vs..
Enoch Leeman. Boone c. G. Appellee's
brief 81
1890. George Cheeseman VS.. Julia Knapp.
Vigo S. G. Appellee's motion to dismiss o.
Appellee's brieI on motion to dismiss 50
406S. Alfred Guthrie VS.. AIDA 7. How
land ct al. Martin c. c. Appellees' petition
$3.50. Elliott Rariden VS.. Esther B.. Rari-
Gen. White c.. c. Confession of error.
1861. Zephariah NJ. Gossett vs.. Richard
T. Kirkham ct al. Madison G. G. Appel
Iant's reply brief 80
1914. Observation-Disclosures Company Us.
job Wall. Upton G. c. Appellants state
ment in opposition TO petition for extern
sion.
1915. Equitable Trust Company of New
Isondon VS.. Harry j. Milligan. Marion S. c.
Appellants reply brief go Appellants brief
on assignment of cross errors (S.)
SUPERIOR COURT.
Room John l.. McMaster. Judge.
Mayme Roberts VS.. Minerva Tribe. No.
IS. Improved Order of Red Men; appeal
from Smock, justice of the peace. On trial
by court.
Ralph Patterson VS.. indianapolis Street
railway Company: damages. Plaintiff dis
misses at his cost.
Room S-Vinson Carter. Judge.
Sarah +. Steppen VS.. Thomas NJ. Nc
Kee ct al. chattle mortgage. Dismissed and
costs paid.
E.. l.. Swift, trustee. VS.. Ruby NJ. King
ct al; foreclosure. Dismissed and costs
paid.
Emma X. Ostander VS.. Martha ]. Heck
man ct al; ejectment. Dismissed and costs
paid.
Charles Daniel. ir.. by next friend. VS..
Indianapolis Street-railway Company: dam
ages. Finding and judgment for plaintiff
for $3.50. Judgment against plaintiff for
costs.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Bliss, Swain & Co. VS.. S. H. Mapes's
Estate; claim. Dismissed by claimant. Costs
paid.
William Jonas VS.. Paul r. John ct al:
to set aside conveyance. Written dismissal
filed. By agreement costs taxed to de-
PENDANTS.
Charles w. De PAW VS.. Premier Steel
Company; receivership. Intervening netition
Of American Trust and Savings Bank and
Henry E.. Southwell submitted TO court.
Evidence heard in part.