Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-08-22
Decisions Of tile Supreme Court.


be proved il denied by plea judgment reversed.
Beard Kinney Error Tipp-csnoc Circuit
Court Opinion by Dewey,J. delivery bond in the
naty Of t20s The value Of the property be delivered
not being stated and the plaintiff making statement limit
ng his demand 500 less is not within the jurisdiction
Of justice OF the peace. judgment affirmed.
Hinkle Gornln Error .ippccaaoe Circuit Court.
Doin by Backfor. Scire fdciaS Justices transcript
Plea that execution had issued alleged, &c. The
Transcript, setting out the judgment &C., proceeds
ccuton issued Aug ISL but 40 goods o. chses found
on which q levy" The transcript the only evidence
offered Held, that this insufficient. Ii was
necessary for the plaintiff - produce the original execution
an return. certified copies Of them, sworn copies.
Judgment affirmed.
Nef NeG VS. Powell ct al Error to Dearborn Circuit
Court Opinion by Snlivan l. The act OF ISL winch au-
lhorzes plaintiff, his agent attorney, discharge de-
iendan who il custody on ca sa embraces rlan,'@
attorney in The action discharge by the direction of The
alto rey IN the aciion. * binding on the plaintiff II
ronde be double the plaintiff demur for the upIicy
but II he SurreOn he MIST answer both parts OF the
Jol0ier. Judgment Aft med.
Boes, Treasurer Huntington county, NcCary. Error
70 Huntington Circuit Court Opinion by Sullivan. ]. /.
bond given By applicant for license reo grocery
conditioned that he will conform 20 the laws Of
restraining gambling ro'ing and dsprdey conduct IN his
horSe, Is subs al com oianco with the law requin
such applicant 10 give bond that he will conf he law.
o The ate restraining gambling SC about iarernS and pu
itc houses 2 IN suit by u. b.. Trea>u e., Sr nd
words or hi successor in Office Of variance. Judg
ment reversed
State. Cain Error TO Lagrange Circuit Court Opinion
by Backfod, Indictment against J. D. for failing GER
tify marriage, 6c-rlea in abaeneut That the Grand
Jurors who 70 md the bill legally drawn and en-
panneed in this thu, the names Of sa supposed
grand uor were not selected caused be sci cte by
the board doing county business, &C. At their Nav
the $50 from the list Of taxable persons. &c Held
IN the pea bad and the demurrer T. correctly
ruled That the Court red in quahing the ndct
mcnt judgment reversed.
Pine vs. Pro Ct al Error TO Martin CT cult Court Opn-
ION by Dewey j. An fiavit for The continuance f a
sa ing that tho defendant had been able sequence
of severe bodily alcton at the time. since, aud be-
fore the service Of process for tril that he be-
q q hP % fftl NJ for
meretorouS defence; and that the aft avt not made
delay, sufficient The po,riety OF granting refusing
contnuanc~s depends mach upon the discretion Of the
Court to whom the moi made hat this Court wilt
the decisi except in strong This a
davit does not state what the defence would be o.
what the defendant expectei to prove judgment affirmed
Doe ex dem Barge ct al. v Cunui' CHAM Err t.
Jackson. Opinion by DewyI. repevin bon', executed
1921 taken and fore the Of Cir
Court: since la issue xccn-
tons upn the bond, which found By the of
the Clerk among the papers Of the Court These fact> are
sufficient 70 establish the approval and filing of the bond by
the Gle in the office at is date aud de valid under
the act of 1871.
II Is no objection to such bond that in rcctn, the iulg-
ment which it is pedcatei, it om DIT catered
the judgment.
The lerri icas required by the approved J,n =
1878, substantially rendioui expoars and the latter writ
might Ssnc u0,ler that
The declarations Of cle:s, iccea sed APP
proved and filed repcvn hat the su ETY. nd been
deceived, to induce him sim hcarsay and inami,-
sible evidence. Judgment affirmed
KIM vs.. Campbell Error t. Clarke Probate Court. Opin-
:
and his wife EXecu'siX p"ce>s serse King, and
returned not found, the wife The def nd f,iled
- appear, and default was taken both. fhe Court
after examining the evidence. Judgment the
husband alone Held that the defast correctly taken
against t'h but the mt erred in giving judgment asane,
himself aud wife also. judgment reversed
Roller v. Custer Fl 10 Wayne Ci cuit Court Cp-
ion by Dewey, In Scire Icas jusiice' transcript 10
execution against real plea that the icn liant had
no real estate at any lime before fling the plea Is Lad on
gener, dennrrc-.
Plea ale nns that the judgment -noncl in the
JicrS has been materially aere ater the wit issue vi h.
out showing what tie alterlIon WIS, is bal fr va,uene>>
plea 'lle-as that there was N, u Judgment a. that
mentioned in the facilS when the retained
m goods ouni therein nmeI issued no. when the II.
sue out. reelection that the justice had by
the Count amen lei his transcript alter heg the
The Ccn Con' by citing. At 81 the veidrt 4 The inv
therein stated judgment, is 4 general demurrer The
jnd- ncn tiff should have been amended the
transcript, and - avcrged in the replciton.
II i enoue ms to enter dsneni for plaintiff
,od plea winch rcnain> uninswes,d
An al e-aon il the scre fici. that the justice who
tined the trnciip was an &C ing justice Of The Peace
and hat the transcript flied and recorded Wa,nc
Circuit Court ra'Se PRESUMPTION that the justice wa
officer f Wayne county. Judg nent reversed
Purcell ct al. Newly. TO po-ev Circuit Court
Opinion by Snlllsan, j. cn't'bie having exc alton
against C. levied on the property of X ami digeel 10
founi TO bel ing 10 X. The cup de-
mlndci the Mopr'y Of G.. p who refused to ,c liver IT,
He'd that the cost hle ul irover because
he had neither the Ti OF po eFy nor Of possession ia
neut reversed.
collio-, vs. Milford ct al Eno' to " ,grcn. Affirmed
Collins. v wilson ct. al. Warren. Affirmed.
Egeleston x Pot :, vs.. tie Safe AIlrmci
lrsh v lii,h Elpr to Mili>on Cncuii Court. Opinion
by Srlvan,j D.bt bni with ac,nl,ti,n The aecl,-
ration sets ont The bond and states ht there a cond-
ton, among other things that defendant should ,av 800
to CiariS-a irsh &c. Breach thit defendant
not the said &c. h" condition Of bond a. set
out on oyer - hat the pain having transferred t. the
defenan certificate FOR hnls mills &C. and pro-
v'de- that the defendant shail mike payn of different
sums of money t diver among t.
Classl lilsh, i)r who sum this suit bought II i
also part Of the cOnd these payments should o
made out of the rroits of the propcry &c ue1 that the
cnnfi I'm u pay SDJl 10 Clr>i LISA is absolute and
the ecl ,es pr,t- Of the pro ev 10
have been sni lent 10 IN Ike the plymcu a vai.
judgment reversed
Lister Boxer. Error Marion Circui, Court Opnion
b. sullivan. j. !. witness is not bpunl aaswe any
question, If his viii expose him criminal punish
ment penal ,bty. , The ad mission Of the Of
prejudice OF his assignee. 3. Ii il sufficient
new tr, that wtne>s who refused II testify on former
4. because his testimony subject p.n,i
bIlity ha> agreed to give evidence ia the O. if .-
hearing be granted J. Courts not le, ve Nj, IN ear -
for tria and tain Them .nIe.> IN
justice has been AMI there be probable = uad to
eve TINT the meitS OF the case viii be fu " heard on
re-ex m'n''lon Of The case Judgment aft med
Judgment reversed see Blrger ct al " state Backior
l>s
Site v. Herod Error to B,sth,lomev circui;
Count. oplni'n bv sullivan J. in gnen plainiif who
assigns The judgment has no G n,io over IT the ,h Ia
control II hcl' 70 the assignee. > Ie
IA n pr peity, must proceed To sell reason lbc tine
unless he IA legal excuse; otherwise he guilty of a
neglect Of duty, for which Will lie Judgnest
vclsed
M,han Y. Powers Error I, Rush Circuit Court On;,;on
nv Dewey J. plea >cise facias a justices tran
Tor against estate, ht the Justice WI.
MT H.! incl that the PENDANT hid real estate i bal on
general IL When the ipt iu>tice> ind :
rncut l. ec ,rei in the Circurt uTt book tat
court "a, e,lleure # the I'd but the ore ok i,
ence Of the issuing OF eNecuien certified b.,
King v It ain Error to ,se vigo Circuit Court Opinion