The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-30

= desendanr IN criminal charge defends
,-poa the GROUND Of insanity. and gives evil
dence 10 prove that MS nushea race, IN
drv times were the result OF mental ce-
ransement ana that he never drank intoAi-
eating LIQUORS the 'd mann iaaolieat h,p
lpsS,rs for the purpose Of rebutting the
esidence tending 20 show him insane. 3. A
narty who introduces evidence or par
sarv introduces evidence of the same kind
10 explain or contradict II. 4. Ii Is not
error TO sustain an objection 10 a ques-
sas no relevancy 10 the issues which are
heinr tried. D. Nor is IL error to sustain
an objection 10 questions. the facts about
which they INQUIRE having ALREADY been
the same side of the case.
4i3I Moss VS.. Sugar Ridge Township.
Clay Circuit Court Transferred to Supreme
Court.
eo2o2. State of Indiana ex rel Moses
Fowler Chase VS.. Joseph NJ Rabb. as
fudge Appellants petition to file reply
brief extended. Brief to be fled on or
's eO0S. Wabash Railroad Company VS..
George Keister, administrator ct al. War
rem Circuit Court. Appellants brief 90
va New Suits
eoelo. John C. Moss eft al. VS.. Sugar
Ridge township, of Clay county. Clay
Circuit Court. Transferred from Appel
2O2li. School City of Rushvlle ct al.
VS.. William ]. Hayes ct al, Rush Circuit
Court Record. Assignment OF errors. In
term. Bond.
APPELLATE COURT
447s. Pitzele VS.. Renping. Lake Superior
Court. Affirmed Robinson. J.-Where Moth
ing appears in the record to the contrary.
1t will be presumed that leave of court was
had to file an amended complaint.
cult coUrt ar ms pra aeney 5 AN
administrator of a deceased person cannot
maintain an action against a saloon keeper
on account of the death Of his decedent
which was caused by an accident to him by
reason of his becoming intoxicated from
liquors furnished by the saloon keeper and
which he voluntarily drank.
4497. Cabell vs. Mckinney. Monroe Cir
cult Court. Reversed. Comstock, p. il
In an action in repevin the plaintiff cannot
complain of the failure of the jury In not
finding the value OF the properly "neh II
cover. 2. Instructions must be construed as
a whole and not separately j. In an actlon
in replevin, based upon a chattel mortSage
where the alleged mortgageor denies the ex-
ecution of the mortgage as corrected, IL Is
error for the court 10 sustain an obJecton
to a question, on croSs-examlnauon OF sucn
party. which asks if at the time the original
mortgage was executed she did not intend
to mortgage the property described ana
located in the corrected mortgage the loca-
tl0n OF which property was oiihlleu AAOAh TIC
original. -
4SeS. Nordyke & Marmon VS.. Fitzpatrick
Greene Circuit Court. Certiorari granted
and issued.
renee Circuit Court. Dismissed.
Minutes
4o04 William II. Voris VS.. Pittsburg
Plate Glass Company ct al. Howard SUI
perior Court. Appellees brief (S)
453S The p, c. G. & st. l.. Railway
Company VS.. Joseph A. West. Appellee's
additional authorities @)
1909 Matilda Neff VS.. the Metropolitan
Life Isurance Company. Marion Superior
Court. Appellee's petition for additional
time granted to Nov. 10.
4Oo9 Geo. s. Green VS.. William McGrew
Huntington Circuit Court. Appellee's petit
ton for additional time. Granted thirty
days.
1879 indianapolis Street-railway Com
pany VS. Charles AntrOpus Marion Cir
cult Court. Appellee's petition for addi-
finnal time Granted thirty DAYS.