Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-06-20
Decisions OF the Supreme Court.
MAY TERN.
From the Journal.

THURSDAY. May -
Davis administrator Of Brooks v DAVIS Er or 10 the
Washington Circuit Court. Opinion by Sullivan In
Of TOver administrator before Justice
a'ement IN the Plaintiffs statement that the property
taken by the Defendant without the consent OF the Plaintiff,
Sufficient 10 admit proof that the took place
after The ntes'a'es death 90 parry cannot regularly
shall override the demurrer. Judgment reversed.
state ex rel Lynch e.. al Error Putnam CIrcui;
Court Opinion by sullivan J. A Constables bond taken
~ Tie ,erk IN execution valid bond al law
notwithstanding the Board doing County
ted 10 fix the penalty the Statute PescIibes. Judgment
reversed.
Middleton y. Harris. Error to Ekhsrt Circuit Court
Opinion by Dewey J. Justices of the Peace have ur>iic
on actions OF Repevin when the popert, sued f does
not exceed 10 value fifty dollars though the damages
stoned by the detention may than twenty
collars. judgment reversed.
halbert " lnsOn ct al. Error Vaneburgh Circuit
tou ne gainishee IN foreign attachment having admitted
ms Indebtedness 10 Defendant attachment the Circuit
Count against tie viii Of the Plaintiff and in absence
notion 10 ha' effect dismissed the proceedings against the
ghshee The attachment being still gendns Held the
error person indebted by judgment nonresident
may be garnheed and held responsible
r'1i"'h IN attachment. judgment reversed
W'sge Ct al v Perry. Error TO Marion Circuit Court
Npihon Blaokord j. Sire lciIs' against reaevm bail
on Justice docket Executions issued against the
principal, one Of which returned property ound
ana another levied on property and delivery bond given
i"hns got judgment on delivery bond and Isei Execu
ton which was Tcu ned property" Held that the TAX
ng oil the delivery bond aud the procee nss
satisfaction and no bar 10 tins SIR,
Jde'dS. judgment reversed.
Fsrp.r Nay as
Runnon Z. Beard. E-or u Tppecanoe Circuit Court.
Opinion by sullivan J. c Mt act IN Writing by winch
the Defendant undertook TO board Plaintiff aud his family
for two guns, in consideration Of the Plaintiff having
rendered certain promises NAV be nroyeI
by pdroi outstanding the Defenden in subsequent
contract under seal with the Of premises bound
himself TO d. the same thing. Judgment reversed.
Fitch V. Schenok. Error To Cass Ccut Court. Or inion
by Sullivan j. ueld that the legal elect Of the
OF delivery bond that tie property should he delivered
the time and place specified that should be ami
tire delivered to the Shet and the declaration
that it delivered TO The sheriff See Eise Ct al
V. ianes G. Black IL. Judgment reversed.
Fuller y. Wilson ct al Appeal 10 Dearborn Crcuf.
Court Opinion By Dewey Repeym for a horse. Plea
property in hi person The declarations of person
that he had the Plaintiff and tl not clam
Plaintiff. judgment affirmed.
seany v. The State Error to the Wayne Crcui, Cont
Opinion by Dewey J. An indictment for exortion charging
Constable with having collected more than an
execution calling for S6i, supp By adducing
evidence execution calling for $40 a. Such
dciment should set ou the recital in the execution showing
What judgment issued AMI the names of both parties
10 the execution should be alleged
WATSON Rohb Garfield. Error 20 Jefferson Cicri,
Court. Opinion by BiaclfoId J. TIe>pass by Defendant
against Plaintiffs IN for assault and fake imp i.onmen
sc. General and special pleassiang felony
had been committed and that there reasonable aud pin
liable r susTectins the D. enant guilty
felonvole the Defcn ans below was Iusfiec If
the Peace and the other Constable Held that the special
pleas were bad because the grounds upon which the
GINS founded stated.
The warrant under which The arrest made offered
in evidence Held, that although bad lis face adj
Missile mitigation Of damages. Held, also, that
denoe that there ~as gang If counieeites IN the neigh
boTEoOd which the Plaintiff below generally report
ed to belong admissible IN mitigation Of damages Juig
ment reversed.
McCahe wife Y. Puttia Error 10 Ripley Circuit Court
Opinion by BlackfOd j. Action for slandeIous charg
ing Adultery, sc. Pleas, General issue and
The Defendant the tia Offered evidence that gencl
al character Of the Plaintiff for chastity bad Held that
the evidence should have been admitted in niti aon OF
damages
The Plaintiffs Offered TO prove her general character 10 De
god The Defendant wing clas>ei his having
made att mpt 10 impcach her character. Held be
admissible. judgment reversed