Louis B. Ewbank

This case involved the administrator of a childless second wife who was murdered by her husband (who then killed himself), suing the husband's children from a prior marriage to obtain one-third of his lands for the duration of her life expectancy or the equivalent rental value. The trial court struck parts of the complaint alleging the husband's motive and intent, made findings that the wife died minutes before the husband, and ruled for the defendants. The appellate court affirmed, holding that under the applicable statute the wife never acquired a vested life estate because she did not survive her husband, so her administrator had no claim to the property regardless of the murder. The court further noted that the complaint did not plead a statutory wrongful-death action and that common-law rules barring murderers from inheriting did not apply here since the property belonged to the husband.

criminal lawfamily lawproperty

The case involved an affidavit charging the appellant and her husband with unlawfully possessing and manufacturing intoxicating liquor in Lake County, Indiana, on July 30, 1925. The husband was discharged for lack of evidence, but the appellant was convicted after a still, mash, and whisky she admitted making were found at the premises. The sole issue on appeal was whether the conviction was supported by sufficient evidence; after reviewing the record, the court concluded that the evidence sustained the finding that she had manufactured and possessed the liquor, and therefore affirmed the judgment.

criminal law

This case involved two Indianapolis police officers, McGee and Bedford, who were dismissed by the Board of Public Safety after being charged with neglect of duty and insubordination for failing to report information about a suspected murderer to their superiors as required by department rules. They sought a writ of mandamus to compel their reinstatement. The trial court ordered Bedford reinstated but denied relief to McGee, leading to an appeal. The Indiana Supreme Court reversed the reinstatement of Bedford, holding that mandamus does not lie to control or set aside the board's decision because the board had properly invoked jurisdiction to hear the charges and decide the matter, even if its ruling might have been erroneous; other remedies like certiorari might apply but not mandamus.

procedurelabor & employmentcriminal law

This case concerns an appeal from an order appointing appraisers to assess damages in a condemnation proceeding for a railroad right of way across land owned by the Sisters of Providence. The Lower Vein Coal Company, which leased coal mining rights, sought to construct a short lateral railroad (under ten miles) from its mine to connect with an existing railroad line, intending to operate it as a common carrier open to public use for transporting coal and other goods. The Vigo Circuit Court overruled objections to jurisdiction and the complaint's sufficiency and proceeded with the eminent domain action under Indiana statutes. On appeal, the Indiana Supreme Court affirmed, holding that the company had express statutory authority to appropriate intervening lands for the railroad, that the surveyed route was reasonably necessary, and that the filings and allegations met all procedural requirements without evidence of fraud or overreach.

propertybusiness & regulatoryprocedure

The case involved Spring Valley Coal Co. suing the State of Indiana to recover $854.41 in license fees and tonnage taxes paid under a 1920 statute that created a Special Coal and Food Commission to regulate coal mining. The company alleged it paid under protest and threat of criminal enforcement and mine seizure after the commission issued orders requiring licenses and per-ton taxes, but the trial court sustained a demurrer to the complaint for lack of a valid cause of action. The Supreme Court affirmed, ruling that the payments were voluntary because the statute allowed challenges to the commission's orders in circuit court without penalties during pendency, and apprehension of litigation or expense did not amount to duress. The court held that voluntary payments of taxes or fees cannot be recovered even if illegal, and the statutory right to sue the state does not create liability beyond what would exist against private parties. The opinion did not reach the constitutional challenges to the 1920 act.

taxesbusiness & regulatoryprocedure

The case was an action for mandamus by a construction company against the mayor, clerk-treasurer, and council members of the city of Hobart to compel payment of a judgment the company obtained against the city. The judgment arose after a property owner appealed an assessment for street improvements, the company intervened, and the assessment was reduced with the reduction entered as a judgment against the city. The trial court overruled a demurrer to the complaint, sustained demurrers to two paragraphs of the answer, and entered judgment for the relator after trial on the remaining issues. The Indiana Supreme Court affirmed, reasoning that the complaint adequately alleged facts entitling the relator to mandamus under the statute, that any defenses in the demurred-to answer paragraphs could be presented under the general denial and verified-denial paragraphs that were tried, that the underlying judgment was within the trial court's jurisdiction even if entered irregularly, and that the evidence was sufficient to support the judgment.

procedureproperty