Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-12-19
Decisions of the supreme Court, Indlana.
NOVEMBER TERM, lS43. }
Reported for the Indiana Stale Sentinel

TUEsDAY, Dec. 5, 1913.
Mckinney IS. Springer eL. al. Appeal from Decatur CiIcait
Court. Sullivan j. l. Where a cause depends entirely on
the solution fer a legal question, the proper tribunal Of de-
tern;nst;an of that onestion is a court OF law. ?. A court
of chanceiy cannot entertain a bill which is filed to recover
damages for the breach Of a contract governed by fixed legal
principles which courts Of law every day recognize and as
sert. In such cases as his remedy is complete at law, he
should resort to a coult Of law. Dseres reversed.
The State ION REL Of HIysJ IS. HOOK. Error TO the Bar
tholomew Circuit Court. SIllvan j. In an action against
a Justice of the Peace for taking insufficient fepievin bail on
a judgment rendered by him. the declaration need not aver
that the Justice had jurisdiction Of the case on which the
bail was taken. The jurisdiction will be presumed unless The
contrary appears. Judgment Terersed.
State on rel. Of HeCit & others rs. GH1Td & others. Error
10 The Dearborn c. C. DEWEY J. To an action Of debt 10
the name of the State on rel, &c. against the suFeiies Of a
sheriff for n breach of his bond in not returning an execu-
ton, a plea that the sheriff was, on the return day, and 70
six days before. and afterwards until has death, sick and IN
able TO return the writ, or II perform any Official duty, is a
good defence. AGrmed.
Pichon rs. II Hearg. Error to The Allen c. c. DEWEY
]. A court of equity cannot revise The decision Of a court
Of law for an error in a matter of Law.
Ii a patty be aggrieved by a decision Of the circuit count
in dismssins an appeal from a Judgment of 4 Justice Of The
Peace, in 4 cause in which the Supreme Court has jurisdiction
by appeal or writ Of error, a court of equity cannot rcnsiaIe
the appeal dismissed by the Circuit Court.
A court Of equity cannot enjoin a judgment of a Justice Of
the peace, rendered without defence on an appeal bond, for
want or failure Of The consideration of The bond. Decree
reversed.
Noe 8 another. v. The Sia'e, on rel If Siaaer & another.
Error to the Allen circuit cont.
BLacEFoRD ]. The plea Of ri ds5st 70 "a action Of debt
on a bond is bad on general demurrer.
IN 4 suit on a Justices bond FOR negleciing 10 issue an ex-
ecution, a plea that the execution defendant was insolyent,
is insufficient
But in such case, the northumberland insolvency may
be given in evidence in mitigation of damages. J~udgmen.
reversed.
Hanna Y. A~eiR6erger eft al. EIoF to the Tippec2nOe cir
cult court.
BLACKBOARD I. There may be a trial Of the right OF pro-
perry on which an execution has been levied. under the
statute of 1898 regulating trials Of the right Of property
though the value OF the goods exceed leo dlllars.
9. If a Marshal Of the United States levy an execution
against a. on the goods Of b., the iat'rf No. support an ac-
ton Of trespass or trover against The Marshal.
3. The owner of the goods, in such case, may also sustain
an action e replevin against the Marshal; or lie may file hi
claim TO the goods before a justice Of the peace, and have the
right of property tried under the above narIed statute, because
tic goods so levied on were not within the jurisdiction Of the
federal court. Judgment reversed.