The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-06
RECENT LEGAL OPINIONS.
and Administrators Success
sion.-

Executors and Administrator Success
sion.-
A mother and her daughter persisted in a
wreck, the daughter dying first. and both
leaving estates in the State. The daughter
left no will. leaving her mother her sole
heir at law. Her mother left a last will
bequeathing her property TO her two sons.
II was held that the sons were not entitled
to administration on the estate of the
Laughter under a statute providing for
administration TO the relatives OF deceased
when they are entitled to succeed to the
persons estate. or some part thereof. as
such brothers became possessed of their
sisters estate. not as her heirs at law.
but by reason of being devisees under their
mothers will. los Pacific Rep. California;,
1897
- Boundary Lines Settlement by Agree
ment.-
Where the boundary line between adjoin-
ing properties is unaScertained, and they
agree on a true division line and axe pos
session accordingly and acquiesce therein
for about fourteen years, the line so agreed
upon is binding upOn the parties and those
who have acquired rights under them. and
an owner of the adjoining property is en-
titled TO reformation OF his deed so as TO
IThiessen VS.. Worthington, Supreme Court
of oregon, April, 1902
Employers - Furnishing Safe Place to
Work
Where a teasponful of molten iron was
spilled in a foundry. and. striking on the
@Lf al nv -
of an emplOye who had worked as an APP
prentice in the foundry for about a month.
the master cannot be held liable because he
had not given instructions as TO the dan
ger, such spilling being a matter of daily
occurrence. the evidence being that il al
ways explodes and flies when spilled on a
wet floor, and the employe having seen it
spilled before, though testifying that he did
not know an explosion of this kind was
liable 10 occur. ~lNowakowski VS.. Detroit
Stove Works. Supreme Court of Michigan,
April. 1902
-Insurance-Time OF Taking Effect
Where a written application for insurance
is made upon a blank form which provides
that no liability shall attach until the ap-
office. and the application, together with
the premium, is delivered to the agent OF
the company, and before the application
has been approved by the home office the
property is destroyed by the hazard in
sured against. 1t is held that the insurance
company is not liable for loss occurring
before such approval. ISt. Paul Fire ard
Marine ms. Co. VS.. Kelley, Supreme Court
of Nebraska, April, 1907
Contempt Of Court-Comment on Poll
ties
During the progress of a trial defendant
published in his newspaper the following
article: "A Family Affair.-The trial Judge
and the sherin are well-known Popocrats.
Coddy. the prisoner, belongs 10 the same
party. The five witnesses for the defand-
ant. who have been indicted for neriurv
are all Popocrats. The defendants LAWYER
is a lifelong Democrat. and last. but by no
means least, our informant says that every
man out of the special venire of twentV-
four Is also a prominent Pop or Democrat.
The only Republican in the entire push is
the prosecuting attorney. Such a political
color 10 the affair seems strange. and the
selection Of that sort of a venire seems rot
ten Held that such publication was not
calculated TO influence, embarrass or oh
struct the court in the due administration
of justice. and defendant was not guilty
Of CODfRmnt of court In publishing The nv
ticle in his paper. lS9 Northwestern Re
porter (South Dakota). 1Oll.1