Rensselaer Republican, Volume 21, Number 12, Rensselaer, Jasper County, 22 November 1888 — SUPR ME COURT. [ARTICLE]

SUPR ME COURT.

Recent Decisions of the Indiana Supreme Court. (1.) The averment that an instrument sued on is lost, authorizes the admission of parol evidence of its contents, without an additional averment that diligent and unavailing; search has been mad e for it, as the question ot search is merely a matter of evidence preliminary to the admission of the parol proof. (2.) The averment that a person entered into a contract in writing to do a specified thing, is the equivalent of an allegation that he executed the contract, and that implies its delivery and acceptance. (3.) A complaint on a promissory note need not aver in direct terms that the note isYmpaid. It is sufficient if facts be stated from which non-payment may be fairly inferred. One who sustains an injury w ithout any fault or negligence of his own, or of some one subject to his control or direction, or with whom he is so identified in a common enterprise as to become responsible for the consequences of his negligent conduct mav look to any other person whose neglect of duty caused the injury for compensation even though the negligence of some third person with whom the injured person was not identified as above, may have contributed thereto. To make the contributory negligence of a third person available as a defense, it must appear that the person injured and such third person sustained such a relation to each other in respect to the matter then in progress, as that in contemplation of law the , negligent act of such third person w r as upon the principal of agency or co-operation in a joifft or common undertaing, the act of .the person injured. (1 ) An indictment under the medical and surgery act for practicing without a license will be sufficient if the offense is charged in the language of the statute. (2. ) One who holds himself out as a physician for the treatment and cure of the “opium habit” comes within the provisions of the acts of 1885, regulating the practice of medic ne and surgery and requiring a license to be first procured. j —— A decree divorcing a wife from her husband estops the, latter from recovering from the former money or. property held by her at the time of the deci ee under a claim or title. Nor can the husband, after being defeated in an action against hie former wife, for the recovery of money alleged to belong to him, maintain an action against a bank for paying such monev to her after notice that it belonged to him, as the judgment establishing title in the wife ie available to the bank as a defense.