Rensselaer Republican, Volume 22, Number 11, Rensselaer, Jasper County, 21 November 1889 — MATTERS OF LAW. [ARTICLE]

MATTERS OF LAW.

Recent Decisions of the Indiana Supreme Court. An affidavit charging trespass, trader section 1.941, R. S. 1881; must contain some description indentifying the premises upon which it is alleged the accused trespassed. One who has purchased real estate from a devisee and who has been compelled to pay debts w hich wei'e a charge upon all the land of which the testator died, the owner may compel contribution from the other devisees or their grantees. The obligation of each person liable to contribute is several and a plea of the statute of limitations by some of the defendants does not enure to the benefit of the others, as such defense is a personal one.

(1) Wfiere a husband in suing upon policy of insurance joins his wife, who has no interest in the cause of action, as a plaintiff, the complaint is bad. (2) A husband having merely an inchoate interest in his wife’s separate real estate, has no insurable interest therein. (1) Real estate owned by partners is regarded in equity as personal property and liable to be sold to pay firm’s debts. As against firm’s creditors, the widow and heirs of a deceased partner take no interest in such property, except as to the excess over and above the amount necessary to pay the partnership debts. (2) In case of the death of a partner the survivor must pay the debts out of the personal property if it is sufficient for that purpose; but if the personal property is not sufficient, suen surviving partner has the right to sell and convey the partnership real estate. If he does so in good faith, without an order of court he passes an equitable title to the purchaser. In case the real estate is so sold by the surviving partner the heirs of the deceased partner take only the surplus of., the proceeds and not the real estate.

I Where a criminal statute is not to receive construction as broad as the language used would seem to warrant, but it is to be narrows by construction, an indictment drawn in the language of the statute will not .be sufficient. The act of March 5, 1883 (Elliott’s Supplement sec. 340), makes it embez- ! zlement for a County Treasurer to fail to pay over, the money in his hands at. the end of his term to his successor byt as there may be circumstances under which the failure of the Treasurer to pay over money will not render him liable to prosecution, the indictment must allege that his failure to account was felonious or it will not be good. (1) Where a passenger, erroneously believing his station has been reached goes upon the platform of the car for the purpose of alighting, and by the negligence of the trainmen in suddenly starting the train he is thrown uppon the track and rendered unedncious in which condition he is left, and while in that condition is run over and killed by another train, the company is liable. In such case the wrong of the defendant in leaving the passenger upon the track exposed to known and great peril, without mind enough tocare for himself, is the proximate | cause of his death. (2) A carrier is 1 not bound to protect a drunken man j from the consequences which result ! from his own folly or wrong, but a j carrier can not negligently suffer harm j to come to him while he is a passenger, I and if the injury which he sustains is I hot the result of his intoxication, but I is the result of the icaiTter’s breath df duty, it is liable. (3) To constitute willfulness, an actual intent need not be shown. Recklessness, reaching in degree to an utter disregard of consequences, may supply the place of a specific intent.