Rensselaer Republican, Volume 22, Number 32, Rensselaer, Jasper County, 10 April 1890 — TO BE CONTINUED. MATTERS OF LAW. [ARTICLE]

TO BE CONTINUED. MATTERS OF LAW.

Recant Decisions of the Indiana Supreme Court. Where a contract sued on appears to be made in the name of a person other than the plaintiff, the complaint will be good if it appears there from that the contract was made with the plaintiff and for his benefit, although executed in the name of another. Where a contract with a carrier for the transportation of live stock does not fix the time for shipment, the law requires it shall be within a reasonable time, and what is a reasonable time depends upon the circumstances of the particular case. Where cattle are loaded in time for shipment or on a 6 o’clock p. m. train on Friday where they would reach the market on Saturday, but through the negligence of tho carrier are not moved untill 4 o’clock on the next morning, in consequence of which delay tho owner suffers damages byreason of a decline in the market and injurfe9 to the cattle produced by hunger, etc., the carrier is liable. A motion for a new trial can not be made after the party has moved in arrest of judgment.

A debt due from an heir to his deceased father’s estate can be retained out of his distributive share of tho surplus proceeds of real estato which has been sold to make assets to pay debts of the estate, as against one who took a mortgaged upon the undivided interest of the heir in the land sold pending the settlement of the estate, with fbll knowledge of the indebtness of the heir.

A Township Trustee has no authority to incure a debt in the erection of a school house or otherwise, beyond the fund on hand and that to be derived from the tax levy for the year, without an order from the Board of County Commission.

One who stand-, in the carriage way of a public street in a city, in the dark, ongaged in conversation, and dose not use sufficient vigilance to discover, a slowly approaching horse and vehicle, can not recover damages for injuries resulting from the inattention of the driver. A person who heedlessly puts himself in such a situation, in the night time, without taking precaution. to avoid danger, from persons riding or driving on the street, is guilty of negligence, and the ju''y may be so instructed.

Where a county regularly pays the interest accruing on school fund loans made by it, upon the failure of the mortgagors to pay such interest, and afterward, under a foreclosure of the mortgages, acquires title to the mortgaged lands, which it- sells at an a - vanced price, it is bound to turn into the school fund only the principal of the loans, with such interest as may be vet due thereon. The exc ,‘ss over does <uot constitute any pait of the school fund.

Where a city authorizes a street railway company to uso one of its streets, which is covered with planks, and permits tho rtAls to be laid and remain on the top of itc planks so that they project four inchow.Uovc tho surface of the street, tv here uy a p« rson iu the lawful uso of the street Is injured by reason of the obstruction, the city is liable. The. fact ifcat »b* •river of vehicle, in which tlx* r-’atroiff was riding was negligent, W* \ot »-foat the. action.

An abutting owner who expressly consents to the occupancy of a street by a railroad comp: ny can no» bo afterward ask a court to enjoin the uso of the street or a word him damages. The grant by a city to a railroad company of the right to use a jlreet. transfers no property interest of th abutter, nor deprivos him of his right to damages; but his right to damages is against the rail road company, ai d not against tho city. The abutter can not maintain an action for damages unless be shows that the additional burden causes injury to h\s property.