The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-06
HIGHER COURTS RECORD.
SUPREME COURT.

1851. American, etc. Life Insurance Com
pany VS.. Mason. Elkhart G. c. Affirmed.
Monks, il Judgments OF the courts OF
any State having Jurisdiction over the sub
Ject matter and of the parties are conclu-
sive on the merits, in the other States or
the Union, until reversed on appeal, or set
aside and vacated in proper proceeding
by the court which rendered the judgment,
and are not open to collateral attack. 2.
Where il is clearly shown by transcript
of a judgment from another State that the
court rendering the judgment had judge,
clerk and seal, the presumption is that the
court was one of general Jurisdiction,
and that ii had jurisdiction of the subject
matter of the action and of the parties
thereto, and that the proceedings were reg
ular and according TO the laws of the
State wherein rendered. 3. defendant,
whether a resident or nonresident. by a
general appearance TO an action valves all
objections based on the want of the issu-
ance of process or the service or the re-
turn thereof. defect of whatever ma
ture therein, and thereby gives the court
full and complete jurisdiction over his per-
son. 4. A defendant who files an answer to
the merits, or in any manner attacks
plaintiffs case, thereby makes a general
appearance and gives the court full juris-
dictiOn over the person OF such defendant
1886. Fifer VS.. Ritter. Fulton c. G. At
firmed. Hadley, il. In order to question
the sufficiency of a report of road viewers
appeal. the motion to reject must be in
the record. and the motion must have been
renewed at the trial in the Circuit Court
on appeal from the Board of Commission
ers. 2. Where the jury is instructed that 1t
must" take into consideration the inter
est, appearance, etc, of the witnesses 1t is
equivalent to telling the jury that 1t is it's
duty" to consider such matters enumer-
ated in the instruction. 3. Where real es-
tate is appropriated for highway the
compensation for the land taken need not
be in money or other property, but may be
paid by the benefits resulting to the land
from establishing the highway. 4. And in
assessing the benefits the jury may con-
Gid har he wi ba
struction of the road will bring to the land
for future growth and enhancement in
value is worth to it,
Minute
1850. William H. Brunig VS. John NJ
Golden, special administrator. jefferson c.
(. Appellants motion for continuance of
oral argument.
New Suit
1sS9S volney T. Malott, receiver T. H.
& l. r. r. Co, VS.. Elizabeth Hawkins, ad-
signment of errors. Notice.
APPELLATE COURT.
3611. Reynolds VS. Pierson Marion s. c.
Affirmed. Roby, il. 1t is not error to
sustain a demurrer to one paragraph of
complaint when the same facts are ad-
MISSILE In evidence under another para
graph held good. ?. Where a person. in
walking past another, jerks him in an ac-
customed playful manner and unintention-
ally Injuries third person, without any
fault on the part of the third person, the
latter may maintain an action for assault
and battery against the person who caused
his injury. 3. There is no error in the re-
fusal of the court TO repeat a proposition i'm
its instructions to the jury. 4. In argument
a proposition of law may be enforced by a
correct illustration.
1900. Van Horn VS.. Mercer. Allen c. c.
Reversed. Robinson. il. An assignment
of error relating TO a separate paragraph
of complaint does not present any cues
ton for decision. 2. a breach of a condition
subsequent is not self-operative so as of
itself. TO work a forfeiture, because the
breach may be waived. g. A forfeiture for
breach of a condition subsequent will not
be enforced unless IL is shown that there
has been a proper exercise of the right of
re-entry. 4. Conditions subsequent are not
favored in law and must be strictly con-
strued against the grantor and his heirs
Minute
1890. Matilda Z. Field VS.. John A. Camp
bell administrators. Washington c. c. APP
pellant's petition for additional time
Granted thirty days.
New Suit
4467. Isabelle Williams VS. Peter B. Man
ley. ct al Jay c. c. Record. Assignment
OF errors. Supersedeas. Brief.