The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-07
uel Bernstein: judgment on note. Superior
Court. Room I.
HIGHER COURTS RECORD.
SUPREME COURT.
Minutes

1892. The Pittsburg. Cincinnati. Chicago
& st. Louis Railway Company VS.. the
Town of Wolcott White G. c. Appellees
petition. etc. Granted: Appellees' brief @)
1892. International Text Book Company
VS.. Horace l.. Weissinger ct al Clark G.
c.. Appellees' petition and brief (S) for
rehearing.
VS.. State of Indiana. Delaware e. G.. APP
pellee's reply brief Isl
1926. Leftou vs. Board of Commissioners.
Howard C.. Advancement denied.
1880 Mordhurst VS.. Traction Company.
Allen C G. Appellees granted thirty days
time to file brief.
New Case
eO1 James T. Polk VS.. Grafton Johnson.
Johnson c. c. Appeal from Appellate
errors filed Dec %, 1902 Appeilee's petit
ton for leave to file additional brief.
APPELLATE COURT.
1851. Duzan VS.. Myers Myers c. c.
Affirmed. Comstock, il. An action for
damages for death occasioned by negli-
gence depends wholly upon the statutes,
and the amount recovered in such an action
is trust fund in the hands of the admin
istrator for the benefit of those who under
the statute are beneficiaries and consti-
tutes no part of the general estate of de-
cedent for the benefit of creditors or heirs
generally, and the contribution of the funds
received must be made in the same manner
as personal property of decedent Is dis
tributed. 2. The fact that children are OF
adult age or nearing maturity at the time
OF the fathers death, on account or the
negligence OF another, does not preclude
them from recovering for the loss of such
pecuIiary benefit If they had a reasonable
expectation of securing from additional ac-
foundations had he not been killed. g.
mere exception to judgment avails
nothing upon appeal.
3s15. Equitable Trust Company VS..
Willigan. Marion S. c. Affirmed. Roby.
c. il. If person sell real estate simply
by the description contained on the face
of his title papers he is not accountable
for its location, it's lines, ect.; but IL he
undertakes TO point out to the purchaser
the lines, or the place where it lies, or its
improvements, he does it at mis- peril. and
If he makes mistake 1t is at his own loss,
for the law implies a warranty that he is
pointing out and showing the line and luen-
teal premises, lines, ETC., that he Is selling.
42S2 Stewart VS.. Avis. Washington c.
c. Affirmed. Wiley. il. Where com
plant is by husband and wife if it does
not state as joint cause of action it is SUBJ
ject to demurrer.
1905 Amos VS.. Thompson. Howard s. c.
Dismissed
1887 Park VS.. Park Morgan c. G.
Motion to dismiss overruled.
4341. Golibart VS.. Sullivan. Marion s. G..
Motion to dismiss overruled..
Cloverdale. Putnam c. G. Appellant
granted leave to make marginal notes.
1880 Trout VS.. Edmonds. Owen c. c..
Leave granted appellee to file brief.
Certiorari granted and issued.
1920. Webb Sweeney. Perry e. &.
Certiorari granted and issued.
4522. Citizens Gas and Oil Company VS..
Whippe. Adams c.. G. Thirty days grant
ed from Dec. 26, 1902 for appellants to file
brief.
Minutes
44S0. Edward b. Trent ct al. VS.. Andrew
Edmonds. Owen c. c. Appelees petition
for leave to file brief granted. Appellee S
brief (S.)
4611. Chicago, Indiana & Eastern Rail-
way Company VS.. The Wysor Land Com
pany. Delaware c.. c. Appellants brief
49, Appellants petition for oral argu-
ment.
1910. Charles A. Winters Joseph M.
Coons. Randolph c. G. Appellants brief
S) Appellants petition for oral argu-
ment.
New Case
4702. John Henry Theme, trustee, ct al.
VS.. The Union Trust Company ct al, adj
ministrator, etc. Clinton c. c. Record.
Assignment of errors. In term. Bond.