Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-01-10
Dec,.iou. Of the supreme Cour..
NOVEMBER AND DECEMBER, isi2.

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"a presenting tie bll Tor payment. u - liable 10
the owner ol the bll fr all damages sustained by
him IN CON luencc OF ell "a neglect. Jaig grni OF
circuit cogr; reversed
Ila'scy y. lIazztrd. Error 10 Decatur circuit
court. Opinion by Judge Sdllsin. 1T. When Tie
clerk omiis - endorse on declaration the date II
filed. the court may order Il 20 BE- done ""hc
pro tune. ~. The holder OF a note cannot sue upon
II IN his own name. unless u has been ass gncd TO
hun. Judgment reversed.
Jcnncrs Administrator Oldham. Error 10 Tip
pccanoc circuit court. olin,on by Judge Dewey.
note placed the hands OF attorney tor col
lection be- brings sni and obtains Judgment upon
u. winch remains Unsolicited al record. The judy
nent cred ter turs the adminIsiraier q the aiior-
ncy Tor money had aud received. aud produces the
lud smcn debtor prove that hc haa gaid tic mon
cy due hy the Judgement. 10 ihc attorney. Hold,
that the Judgment Debtor was an incompetent wit
mess. Scmb \ strtuger 20 n record can give u
IN evidence against the successful patty in sub
scqucnt sut against himself ioF The same cause 81
irtion and thereby defeat ihe latter suit. Jnds-
IA 1T reversed.
! White and another =. Gucst. Ersorlo Tpgcca-
noe circuit court. Opinion by Judge Dewey. \
declaration on a written instrument must either ret
II h0c rcrba according To It's legal effect.
declaration PROCESSING 10 give the legal effect oi
the general rocognizsnce of special bail taken
The back of the writ. must gave II the meaning pre-
scrbcd by the statute. which is the that Of
regular rccogn zlncc Of special bal NJ common
law. plea denying the right OF the plaintiff To
commence the action, but containing only matter
having IT. origin since the institution OF the cut -
had en- renera, demurrer. An eNon.retur, entered
on the motion of the bal. afe an action commenc-
ed against ham. il good ground on which % DIS
miss the suit the cost Of the bail, but should not
be pleaded IN bar 10 the action Judgment Affirm
ed
'Rail is excused from render Of ile principal
when The latter, rendered would be entitled q has imme-
date harge from cu dy--and IN such case the bail ~
entitled 10 the a. has pm
cipal had been rendered The statute abohng mpF'son-
meni for debt gives the bail night 10 such cNconiloiur
McCammet administrator V. Gray. McCammet
as administrator oi Fleming, filed bali alleging
that his 'Itcsiatc and Gray had been IN partner
ship Tor about two years. commencing IN 1916 that
they then dissolved partnership, Gray agreeing 10
collect the debts and pay one halt 10 the ntcstac
and that Gray collected certain claims without
stating at what time the collections were made
Held. that the bill was bad on demurrer 1t
necessary 10 state the time such collections were
made IN order that 1t may appear with the claim
arising from such collection. barred by the
statute of lImit.tIons, though II would not be
ccssary for the complainant TO prove the exact day
alleged. Judgment affirmed.
oorhees d Co. iiOagland. Error 10 franklin
circuit court. Opinion by Judge Bllckford This
a writ of foreign attachment issued by a JUS
tIcc in favor of IIoagand against j. * L. Voorhees,
X Co Judgment before the justice In favor of
plaintiff by default. Defendants appcaled-appcar-
case. Judgment for the plaintiff. The fret ohcc-
ton is that the attachment bond Insufficient.
! This objection came too late 4 should have been
made before tlc defendants appeared 10 the action
and entered INTO trial on the merits. The next OBJ
lection that publication of the pcndency oil the
suit not made before the justice thus like the
other, late The Last ob sc:ion Is. that II
proved on the trial that one Of the defendants
was a resident of the State al the commencement
of the action. This objection would have been good
n TAX adx OF a m
ment /; ii is too late 10 urge IL. Judgment
affirmed
Miller ct. al. vs.. Upton ct. al. Error to the
Cass circuit court. Opinion by !. sullivan Held,
LIST. That equitable interest lands : a mort
gageable interest. ID. Ia suits ia chancery those
only who have interest the OBJECT Of the suit
and whose rights may be affected 10y the relief pray
ed for, need be made parties. TINS bill TO
forecose mortgage held by certificate from the ca
nal commissioners Held, thnt 1t was unnecessary
to make those commissioners parties Decree al
irmcd.
Jcnners Howard. Error to the Tippecanoc
circuit court. Opinion by Judge sullivan. Men
tai incapacIty at the time of entering INTO a con-
tract, produced by drunkenness or any other cause
good defence against the contract whether II
be evidenced by deed parol. Judgment reversed.
Scott v. Brokan. Appeal II the Knox circuit
court. Opinion If Judge Dewey. Matter ct law
cannot be pie ded IN bar of an action. / plea PMS
ddrricn continuance Is waiver of ali previous
pleas. The act aboll shing imprisonment Tor debt,
COOL cause for the entry of record of an erohirfs-
~ behalf of the bail, M an action on the recorni-
of bail pend ng AT the time If the passage OF
the act. Judgment reversed, with instructions T.
the court below 10 dismiss the at the cost of
the defendant
Lcwisvs. Master. Appeal from the Huntington
circuit court. Opinion by j. Dewey. The dcfcn-
dant in an action OF repevin, commenced before n
justice OF the peace and appealed to the circuit
court, may prove property IN himself or a stranger
without pleading 1t. Judgment reversed
Wiley ". Forsee. Error TO Hendricks circui,
court. Opinion by Judge Blackford. Scire fuchs
IN favor 81 fofsce 10 have execution against the
real estate Of Wiley transcript from "a JUSTICES
docket. The record Of the transcript; IA tie order
book OF tic clerk without a seal attached 10 The
certificate ofthe justice Held, that there nasa
seal To the certificate Of the justice, the record
might b. anendcd-the omission of l. being, a mere
triSon Of the clerk. Judgment affirmed.
Praiher d others vs. Len as gnee. Appcal
tom the Clark circuit court. Opinion by Judge
Blackford. Action by gnce Of promis>ory not.
against the BAKER. Pleas, hrst. That the "a
signm8nt was made tor usurious liberation.
: Payment to the payce before notice Of the as
gnmen,. Sd. Payment to the plaintiff. Held.
that the ptyee wa- competent witness for the de-
PENDANT. 10 es'abl sh either Of the first pleas. but
n,t tie last. account o. interest. H. evidence
should have been admitted To prove the fist two
issues. bat n. generally Judgment reversed
Iuell y. Wright -. al Appeal from Jackson
circuit court Opinion by Judge sullivan. Tuell
sued Wright, Downing and fi-lar acton Of
Trespass, lult and battery aud false iinprison-
ment. The defendants sc.cred IA pleading each
pleading general issue and a special plea Wright
pleaded tAat certain he.ier had been stolen from
han. AID thst Ae had reason 10 believe that che was
concealed upon the premises Il one Il. Il. Iue'l-
that he made aidnyt 81 the facts Jef re- the defend