The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-30
APPELLATE COURT.
New Cases.
RECENT LEGAL OPINIONS.
Child as witness-Intelligenc of Chi

Child as Observation-Disclosures of Child
child of ten testified that her mother
was dead and she had been adopted.
stated her fathers name and gave her
name as II was before adoption. She tes-
tilted that she went to Sunday school and
TO church: that she said her prayers and
about the case, she would be put in jail,
and when she died she would go to the
bad man." but she did not know who
would send her to the bad man." Held
that. aside from her religious training. she
was of sufficient intelligence to testify in
the case in which she was called as a
witness. re Southern Rep. alabama,
Judge McClellan), 1851
Conveyance to Wife-Creditors.-
A husband and wife lived on farm
with an understanding with the owner
that they should have 1t when she (the
owner) died: the wife performed the usual
that she was to be paid therefor. When the
owner died she willed the farm to the hus-
pand alone, and thereafter he conveyed 1t
10 his Wife. Held, that the services per-
formed by the wife were not an adequate
consideration for the conveyance, as
against her husbands creditors. [52 At
lantic Rep vermont, Judge Start, 961.]
-Aptenuptial Contract-Enforcement.
man and woman, being residents of
California, and being married within
year after her divorce, which the laws of
such State do not allow, the courts of such
State will not enforce a contract by which
IN consideration of marriage and release
OF interest in his property, he agrees to pay
her $4,000, though the marriage was In
another State where. it was .permissible;
the consideration resting in violation of the
spirit of the California law. [69 Pacific Rep.
California, Judge Henshaw), 9S1.1
acknowledgements on Freight
Trains
A conductor of a freight train having
authority to receive and carry passengers
on his train on certain conditions, his &C
ton In receiving and carrying, in violation
or his instructions, unauthorized persons
ignorant of the limitations of his authority,
railroad will be liable to such persons, as
passengers for injuries from negligence
of operators of the train. [69 Pacific Rep.
Oregon, Judge Beam, 1927
-Divorce-Attorney's and Creditors
Liens
Where the decree granted the wife on a
bill for divorce provides for the sale of the
homestead and the payment of portion of
creed to the husband from such sale is
exempt from the claims of creators. Nor
is the attorney for the husband entitled
to lien on such fund for his services.
70 Detroit Legal News (Michigan) Sept. "a
1907
-Wils-Setting Aside Probate
Where. thirty-eight years after decree
admitting will to probate. an application
is made to set aside the decree on the
ground that one of the next of kin had
no notice of the proceedings the appli-
cation is barred because of the delay and
the great length of time that has elapsed
since the original proceedings. re- South
ern Rep. alabama, Judge Sharpe), $751;
Criminal Law-Former jeopardy
1t is a constitutional principle that one
cannot be placed a second time In jeopardy
for the same offense The Supreme Court
of California holds that a conviction of
a battery is bar to prosecution for as
sault with intent to commit murder. [69
Pacific Rep. California, Judge Haynes,
1006