The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-09

"A Remarkable Writ-Robbers as Part
ners.-
In the Court of Exchequer there Is (says
the Westminster Gazette) very remark
able writ. 1t was filed on Oct. g. lis. by
John Everit against Joseph Williams. The
statement of claim is a very lengthy one;
it sets forth the fact with much clearness
that both men were highway robbers, and
that a partnership existed between them
for the purposes of carrying on business as
highwaymen. The partnership terminated
within one year OF its inception. Everit
sued his partner for el000. being for
moneys wrongfully appropriated to de-
PENDANTS private purse" The action was
adjudged to be gross contempt OF court;
the costs, while the solicitors who served
the writ were fined $50 each: one of the
solicitors. a man named Wreathcock, re-
fused to pay the fine, and was sent to
prison for six months. Both the plaintiff
and the defendant were subsequently
hanged, one at Tyburn and the other at
Maidstone.
Constitutional Law-Insurance Com
panieS.-
A Texas statute provided that a life or
health insurance company in case ii should
fail to pay a loss within the time stipulated
in the policy should be liable In addition 10
the amount of said loss, for u per cent.
damages and reasonable attorneys fees.
There was no such provision as TO other
companies. Held that the fact that In
many cases the insurance money is essen
tial as means of living to those who were
dependent upon the deceased distinguishes
life and health from other kinds of insur-
ance; that based upon this distinction the
statute made no arbitrary distinction. and
not unconstitutional as denying the
equal protection of the laws. [1S5 United
States Rep, 30S.
-Contracts-Legal acknowledgements
Defendant lad agreed to purchase certain
was legal holiday. 1t was provided by
statute that negotiable paper falling due
on holiday should be deemed payable
on the next succeeding business day; and
that holidays should be considered as Sum-
day so far as the transaction of business
in the public offices of the State
was concerned. Jan. 2, 1898. fell upon Sun
day. Plaintiff rendered the stock on Jan.
3. 1898. but defendant refused to receive
IL, and an action was brought to recover
damages for this breach Of contract Held,
michigan Law Review, December, 1907
-Serenading Parties-Unlawful Enter.
prise
Under a statute declaring that whoever
willfully disturbs the peace and quiet OF
any neighborhood or family by loud or UNI
of a charfvari party engaged in serenading
bridal party with tin horns, sleigh bells
and firearms are engaged In an unlawful
enterprise. IL one member of such a party
was negligently shot by another member
of the party there could be no recovery for
the injury because 1t was the result of an
unlaWIul enterprise In Wnlcn the parteS
were jointly engaged. l65 Northeastern
Rep, a.
-Gamblng-Recovery of Losses
statute provides that If any one lose
money to the sum of $40 at gaming he may
recover 1t of the winner, but that if he does
not without GOWN or collision sue for the
money within six months any person may
| sue and recover treble damages Held
| that GOWN and collision refers to COLLISION
| between the winner and loser, and that an
| action cannot be maintained under the
statute by third person where il appears
| that the suit is actually in the interest OF
| the loser res Northeastern Rep, 116.l