Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-06-06
Dccisiens of tire supreme Court.
MAY TERM.
From Ms Jyuraa'

MoNDAY. Nav -.
Sutton Bell v Fletcher. Error 10 Merton q cult Court
Opinion by sullivan !. In orer bring within
the Of usuly. must be CORFU intention ia the
contracting ple, lor if 1t be made uut MS mistake the
parties shall nor be- pcuiced by the m'ke fr the intent
essential t. the usury Ju igment affirmed.
Campbell ct. al v Baldwin. ETor 20 Pake c. Court
Opinion by Judge Dewey Where iSneceSsary for plain
tn 70 sue a. Executor or Adm"isa'o an omission t. show
hi> authority fatal speci demurrer; but when he
sustain Tie actO3 IN his right. such omission lmma
tera though he describe himself As Executor or Admins
Executor his night Judgment
obtained Executor f0r debt due the Tcsiaor
SCire flcids on Justices transcript need not show
date Of EXeouutn, Of lis Of "no property"
found, which has issued the judgment tilted IN the
tnn,c pt judgment confessed before Justice Of the
Peace, without oath good against the parry confesiag If
fe sote confess such Judgment and afterwards marry
the husband earn Object 10 the want Of the o'. The
husb.ni Is proper party u scre flcias on Justice
Transcript OF judgment rendered against te wife whist
sole. Judgment leye. SD.
eating s.. Stewart. Error 10 WasIea C. Count Opinion
By Sullivan J. lst IN action by Surety AZ inst his
c1-Srcty under The Sth section Of the debit
ors and ibci. securities the no ice rired nv the
ton m y De served by the Plaintiff and be served
the delcn aut in any County IN The STATE p. Ii tie
in noyersy does not exceed 100 dollars, Ju> zee
of The Peace has uIidcon although The c be not DEBT
aS,umlNit. judgment reversed.
Andre y. Johns Il. Error 10 s. Joseph Circuit Court
Opinion by Dewey j. Il l. lawful for the owner OF
property To take d from the pc ceaole lhioug1 wrongful
possession Of another By violence upon his person re-
plcader viii not be awarded an voroi the party commit
fiut pleading, though the verdict tie Other
party be upon an lmmateril issue. judgment affirmed
smith Gibson Error TO NatIon Clcut Court
Oiini by Sui, j. A>sumpslt n0te drawn by p y
\. $ and eHiO Sed by T. s. gen. issue sworn 10 by
He'll. yro)f tia: Z. acted agent for J : On
managing StpIcthlt r. = published advertise
mcntS >sued by himself the agent of j. s. and when DO
posting money in Bank dd it that cialactcr-h the for
ccd brokerage busInts' also "ln small way
latter go have transac ell bu,incs
the Bank, such selling bills Cincinnati an renew
ME- net evidence Of a' authority "a The par
of r. : cni G4lw in the name Of J. : JUG
mcnt reversed.
Fslcr v. Larkey. Error TO Montgomery Circuit Court
Opoin ny Dewey The 6th eecti OF the act aoolshir
imprisonment r deoti approved January 18Th 1872, ~ic
erart> that an persons imprisoned in civil cases
Of passage shall be discharged cJusu
tJu.L Judgment athi mel.
johnson C.3NloI. Error to Laa,rte Circuit Govt
Opintp by BiaestO j. TI'ver fr note y as Cou>a
hal 90 execution int g., WHO ut note OF 100 DOL
rs 10 G., icqu S,ing hun say The Judgment c. tl 50
The stay Nei-anaher execution issued and the Constr
bic finding Hopty OF i :. {. % pay The -.
mcpt G. dciItec 10 The C'n> e tia note a',c mcni n
e. with instructions u sg 1t and a,y the p. orecd, .;
Judgment. lie d1 ard d. became purchase cli tl
the note was lia5e 10 execution al te sale WAS nul
" hty. JulSment All mod.
Iniarapo'- in~ CO :, ljronn ct al Error TO the Mario
Nic"lt Cou l. J,uipn b., Backlurl j phintlls sued ri
no AVN bv and end, sci by the other defend mt
" 20. IN second count tor money lem, sc. pIoOl-tai III
PLAINTIFF held the Of the Defendants whh. o.,
due taken up by q ing the note sued At tn
i time the fast note taken and the gwen, IN
"a Defendants paid IN advance more than ten pes cent eTc
Dl uron the time hal 20 He's that the u fe
Y Of the lie al interest pad on IT, bot that al
Plaintiff could recover tie money count. there appeal
y ing ulalty the oTiSa contact Hei 7l that tl
,tc WAS evidence II money lost judgment reversed.