Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-12-19
THuRsD4Y. Dsc. 7ih.

Kelsey Us. Ross ct. al. Error to the Tippecanoe Circuit
Court. Sullivan j.. In an action by the assignee against the
assiguor Of a promissory note commenced before a justice Of
the peace. a delay Of seven days IN commencing a suit against
the maker by the assignee after the assignment, is not Pess
evidence Of a want OF diligence.
In such cases, the question Of diligence is partly a ques-
ton Of law, and partly Of fact.
If the maker Of a note be insolvent al the time of the as
segment, the note being then due and payable, the assignee
suit against tie assiSnor on the assignment. Judgment re-
versed.
Croker rs. Dunkin. Error to the Fountain Circuit Court.
Sullivan J. If a writ be made roturnable TO a day beyond
the term next succeeding The day on which II issues. the Wit
is void, and should be quashed on motion, if made in due
time. Judgment reversed.
Kregor rs. Osborn ct. al. Error 10 The Clay Circuit Court.
Dewey ]. To a declaration charging the defendant with
assaulting, seizing, dragging about, striking, and imPiisonirg
the plaintlf, a plea j~ustiiying the imprisonment under legal
process is no defence. The plea should show that the acts Of
violence were rendered necessary by the resistance Ct the
plaintiff.
4 Capias ad respoadsadmn issuelby a justice of he peace
againsta person not a resident and householder ofhis county
without an affidavit, is legal process; bat 1t operates only as
a summons s, and does not justify an arrest aud Imprisonment
A party who causes a magistrate to issue, aud the ma5S-
trate who issues legal process, are not responsible Ter tqe un-
lawful manner Of serving it.. unless they assist, command or
advise in the Unlawful service. judgment reversed.
Stroud rs. Darts. Error to the Boone Circuit Court. Dewey
]. Justices transcripts of their julgm ntS and pr ceeains
against the real estate of the judgment deo,or' only 10 ue
Circuit Court of the county in which the judgment was rem
cred. judgment reversed.
Circuit Court. BlackfOTd j.. Il cgPids ad fesponaena"na re-
curing bail was served and bail taken on the 2nd oil August,
1871, the day of the general election. HeId-tnat nc oe-
PENDANT ought to be discharged from the custody oil ms oali
and the bail from his recognizance, but that 'heIe was no
ground for ouashing the writ. judgment reversed.
HaHiard s French rs. Hanna~S EdsaH- Appeal from the
Allen Circuit Court. B~iackflrd J. Hanna and E6sall gave
their note 10 Tennery for Sl05, dated the Gath Of December,
1881. and payable the LIST of July, 1888. Whilst Tennery
held the note, Wis on the 26th of December, 1881, Ewing
recovered judgment against TenneTy for SlO0. which judy
ment was on The next day after IT was rendered, Teplevied by
Esdall. Teanery afterwards executed to Edsat the fol-
lowing instruments: "Samuel Eisall has entered bail for
me for 500, and in case | do not pay the amount, and he has
it TO pay,-a note | hold against Hanna and Edsall for
Sl05 shall be Of no effect, and this will be a sufficient
receipt against said note dated December the oath, 1881"
Tennciy afterwards removed from the State without leaving
any property, and assigned the note to HiliaTd and French
for value and " ithout notice. After notice of the assignment,
Edsall paid the Judgment against Tennery. Held, that the
assignees had a ri1ht, under the circumstances, 10 recover on
the note against the makers. Decree reversed.