The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-28

decedent's estate, and the evidence need
only establish the issuable facts constitute
ing the cause of action. 2 A trust in per-
sonal property or money may be created
by parol, and in its creation technical words
are not essential. 3. The statutes of limita-
ton do not run against direct and con-
tinuing trust. 4. Where a trustee uses his
trust money for his own benefit he is
chargeable with the legal rate OF interest.
1923. Cruthers VS.. Bray. Hamilton c. c.
Petition for rehearing overrued
DOS0. Copenhaver vs.. State OF Indiana.
Marion CIR. c. Certiorari granted and
issued. Execution stayed until Friday.
June II, 1908. Appellant 10 file brief by
March Z. 1903. appellee by April 6. 1903. and
appellant W his reply brief by April H. 1893
Petition of amicus curiae to file brief
granted.
1896. Muncie. etc, Gas Company VS.. City
of Muncie. Randolph C.. G. Time for oral
argument extended to one and a quarter
hours on each side.
9OO9O. p. c.. C. & ST. L. Railway Com
pany VS.. Sewers Cass c. c. Motion to
dismiss overruled.
Minutes
surance Company VS.. William K. Mckeen
ct al Vigo c. c. Appellants brief tS)
1891. Northwestern Mutual Life lnsur-
ance Company VS. Kate Kidder. Vigo {. G.
Appellants brief CS.)
2OOSO. Ora Copenhaver VS.. State of Indi-
ana. Marion Criminal Court Cerlorari
granted ana issued. Execution Sldyeu
Friday, June r. 1903. Appellant ordered TO
file brief by March Z, 1908. Appellee by
April s, 1893 Reply brief to be filed by
April 16, 1903.
1883. Clinton Whistler VS.. David Whistler
ct al. Grant c. 8. Petition of amicus curiae
granted.
1885,. The Muncie Natural Gas Company
VS.. City of Muncie. Randolph c. c. Appel
lant's petition to amend brief, etc.
APPELLATE COURT.
4211 Smith We Tate Greene C At
firmed. Comstock, il. Where an obJec-
ton is raised to question asked a witness
there must be a statement made 10 the
court of the facts expected to elicit IN
answer to the question in order to raise
any question the courts ruling in sus-
tanning the objection. 2. mere exception
versble error on appeal. g. The provision
of Section 1855, Burns, giving 70 certain
persons a preference for labor without the
filing of the notice of lien does not extend
the time for enforcing the lien.
425S. Cofinberry VS. Madden. De Kalb {.
G. Affirmed. Black, J.-Section 24l7 Burns,
providing for the distribution or wearing
apparel of a decedent, does not apply to ex-
pensiVe jewelry worn by the decedent when
the estate is insolvent.
1855 Drake VS. Biddnger. Fulton G. c.
for commission in procuring purchaser or
one who would purchase upon the terms
of sale offered, the evidence TO entitle the
broker to recover must show that the
terms and conditions of the sale.
1863. Gould Steel Company VS.. Richards.
Madison S. c. Affirmed. Robinson. il.
| Where there are several charges of negli-
gence, either of which is sufficient to en-
title the plaintiff to recover, 1T is not neces-
| sary that plaintiff prove all the charges as
averred. 2. No presumption can be INDUCED
| in aid of answers to interrogatories so as to
| overthrow the general verdict.
| 4275. Haugh VS.. Smelser Rush c. c. At
| firmed. Wiley. J.-Where husband dies
/ int ofo fn oh ha n
| estate, leaving a widow and without father
or mother surviving, but brothers and sis
tiers or their descendants surviving. the
widow takes the entire estate.
1885, Marion Bond Company VS.. Blakely
Marion S. c. Petition for rehearing over
| ruled. Roby, G. J.-Where a lot owner has
been assessed for an Improvement under the
Barrett law and has agreed to pay his as
sessments in inStallments, and lets one in
stallment go by without payment when due
but thereafter pays the same he cannot de-
| fend against action to foreclose the lier
| for the entire amount OF such assessment.
| 4351. Thompson VS.. Jameson. Jackson c
| G. Motion to dismiss postponed till fina
hearing.
4275. Mary H. Haugh eft al VS.. Maria p
| Smelser. Rush G. c. Additional citations
Fifty-seventh day. November term. AT
| frmed
1887. Terre Haute Brewing Company VS.
Mary Newland. Hancock c. c. Appellee
| 40Sz. Inc consumers GdS trust SOHi
| pany VS.. Joseph w. Littler. Grant c. c
| Appellee's brief 81
4593 The Farmers Insurance Association
Of Madison County VS.. Jesse F. Reavis e
| al. Delaware c. G. Appellees' brief (S)
| 1896. John T. Phillips, executor, ct al VS.
Daniel A. Heldt ct al. Vanderburg c. c
| Appelees' petition for leave to file brie
and additional time
1872 Louisa II. White VS. Cincinnati
| Richmond & Muncie Railroad ct al. Wayne
| c. C. Appellants petition for oral argu
ment. Appellants petition for additional
] time.
New Cases
All. Indiana Natural Gas and Oil Com
| pany vs. Charles +. Granger, trustee
| Grant c. c. Record. Assignment. Errors
| In term. Bond.
4712 The City of Vincennes VS.. Julia w
Speer. Gibson c. c. Record. Assignment
Errors. Appellants brief (S.)
| 4713 United Brotherhood of Carpenter
and Joiners of America VS.. Elizabeth
Deaple. Allen G. c. Record. Assignment
Errors. Joinder. Submitted by agreement