The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-26

-ordinances-Billboards-Nuisances.


A city ordinance directed directly against
billboards located on any residence street
within 200 feet of any park, Is null and
void, as this limited restriction does not
rest upon reasonable grounds and cannot
be justified as a legitimate exercise of the
police power. Billboards are not neces-
sarily nuisance. The power to abate pub
lie nuisances does not authorize the sum
mary destruction of private property, ex-
cept such as incident to the abating of the
nuisance. tAmerican Posting Service VS..
Chicago, Superior Court of Cook County,
September, 1902
Board of Trade Corners-Market Price
Where. in a contract, the term market
price is used. parties will conclusively be
held to have had in contemplation an hon.
est market price and not any fictitious or
corner price which might possibly occur
upon the market or exchange involved.
Courts will not Interfere with the decision
OF or within voluntary associations relating
TO discipline or members not affecting any
right OF property other than such as the
membership itself involves, except to
quire that the associations own rules and
tract be complied with. WAITE VS.. Bart
lett. Superior Court of Cook County, Iili-
nois. September, 1902
Notwithstanding Wills-Consid-
eration.-
A brother agreed with his sister that if
she would not contest their fathers will he
would pay her a certain sum of money.
She RETAINED, therefore, from contesting
the PROBATE OF the VIII. Inc DrOlneT paul
her part of the amount agreed upon, and in
a suit against him to recover the balance it
was held that the agreement was based
upon sufficient consideration and the
brother liable Hereunder. RI n. Y. Supple
ment Judge Forbes), 967l
Election Ballots-Identity Of Person.
Merely upon the statement of board of
prfmaTy inspectors that a certain number
of votes were cast for DIR. John j. Evans
and a certain number for John Evans.
and without hearing any evidence, IL can
not be assumed that all the votes were in
tended for the same person. III n. Y. State
Rep. Judge Williams), 973I
Custody of Child-Habeas Corpus
A court, upon a habeas corpus proceeding
by father for possession of child. after
the death of the mother, to whom the GUS
tody of the child was awarded on her OBJ
and leave him in the custody of the woman
to whose care the mother intrusted him, on
consideration of her superior qualifications
and the expressed preference of the child,
though he is only nine years old. re- South
ern Rep. alabama, Judge Haralson), S5s.J
-Murder-Provocation-
On prosecution for murder the evidence
showed that defendant went to where de-
ceased was playing a game of ball and
said, in angry manner: You said you
wanted to see me; you can see me now all
you want to-" Deceased went towards the
pitchers box and defendant followed, ours
ing him. They clinched, and defendant
pulled his pistol and fired. killing deceased.
Held. that If defendant was the aggressor
he could not set up plea of self-defense.
re Southern Rep. alabama, Judge Haral
SOM, 674.I
Here and There Among the Decisions
Fraud is not thing susceptible OF ocu-
lar observation" Judge Wheeler, in Tex
as, 2l9.l
'In law fraud is the finger Of death to
everything 1t touches" Judge Finletter,
in Phila. Pa.), $780,
THE sale of intoxicating liquors to a
minor Is unlawful, even though he is over
six feet in height" ri Wisconsin, Co.