Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-06-06
SUPREME COURT OF INDIANA.
oAsFs DETERMINED AT THE NAY TERM lSii-
Reported JT q. Lsdsasa S1'e S>annd)

TrESDAY. MAJ ss.
state I. Boyies. Error to the vcrmiIi n c. {. Opinion
by jud-e SuILIvAS- !. The act 4 isi2 requiring Justices
81 tho peace 70 pay over 20 the school commissioners of the
proper county certain fees sc. is Mt unconstitutional.
, An indictment fsut Odd on that statute NJ ut show that
the fees, for the u~onpaymerto OF Which he Justice Is indicted.
cane to has hand PRIOR 10 he 1t Monday Of August proceed
M the time fixed ~ the statute Tor payment TO the school
commissioners.
B. ia general rule that all Indictments upon statues must
SAFE all the circumstances whIch make up The definition q
on med.
Smith r. Caloray. Error to the wasre C.. c. Opinion
bv judge SULLIVAN. l. The statute of limitations may be
pleaded in equity as well as at law. provided the subject
matter Of the sut be equitable in bath Jurisdictions.
: In ea'es OF trusts which are PECULIARLY and exclusively
within The jurisdiction e a court Il ehanceTy. the statute Of
limitations cannot te pleaded as a bar, IA a suit between the
trustee and the oefui qui 'rusf.
,. An atmini,tator Of an estate i a trustee for a person
eniiilei 10 a d~i>iHbaiive share Of the estate. and the trust IN
such case. 5 peouiia'is and exclusively Of equity orgn zsnce.
In a suit by the heir OF the adm ni>fTator for a di,tributive
share Of tie estate, the latter cannot plead The statute IN bar
of the suit-
). II a mariel woman be an Administrative. the husband
has a nj interest with her IN the effects II the deceased.
such as devolveS the whole administration ufon him and Gu
abics HIM 20 act in II to all purposes. with CT without her as
seat. II Therefore the hustand acts NJ all, the law raises a
trust as 10 h.m which is peculiarly cosniz.bc in a court Of
) Yo'wiihstandirg the statute cannot &c pleaded in bar of
a sut FOR the d>tsibutivc share Of an e>tae. lapse Of time
may he relied On as yTcsumpive evidence Of rasmcnt NJ a re-
lease. When therefore 3 years had elapsed since the death
OF the interstate before suit brought. 26 Of which were after
the complainant had atiyod at mature age, and 40 testimony
explain the deay. the count will presume tic claim 10 he
satisfied. Decree gfratd.
Taylor T.. The STATE. Error to tho Gibson c. c. Opinion
ly judge DEWEY. \ person Indicted for a violation of a
criminal statute csnno' Re convicted afer the iepsal # that
purpose Judgment rcrersel.
Clark Z. Spears ef a. Enor t. the Tipfcoanoe c. c. opin-
ion by Judge BLAcKroRp' The assignee Of , noe c,,na,
ltSot to a court If chan'egy foF relief against The assignee
on account oil 'he makers insolvency, II there be 10 fraud
II an answer in chanccry be Iut in i>snc bv a replication.
no part If the answer can he read hv the defendant a. esi-
denoe IN his favor. excel 50 much as may crafty OF .xpla.a
Inc meaning 81 some passage IN the answer read in evidence
ly the complainant.
\ thl of foreclosure. and for a sale Of mortgagea preni-
Sc, aveired that The moltgage was given - secure the pay
mcht OF 4 CERTAIN niomi>>oy note The answer admitted
The execution Of the note and mortgage. but aI,egei that
judgment had been obtained on The note, and that the defend
ant had paid the judgment. 4 general replication was flied.
He'd tat tic admission in the answer Of the execution of
the nofe and moTtg &c. was esiience against the d. f.ndanr.
but that the >uh~equeit aIieg,iun 81 PAYMENT beng a new
AMI distinct TACT, was lot el iience an his favor. Decree 70.
rescK
Ianrrci1 4. p Herson. Error q the Union c. c. q, in
ION ~ juds DEWEY. Debt pn a sealed note b, the second
assignee, a. appears ~ the tcclarafi n, against the maker.
ihea OF paw mett, by set oil, 10 the Iayce lcfne his assign
ment Realization aveiring notice TO the defendant Of The
assignment by The payce. before defendant received the mat
tors of set of and issue. Under thi, issue the matters IL
set eff were conectly real TO he jury by the defendant.
But he was not entitled 10 nrevc Ina, Inc real scc,nd g.
siSucr assigned The note. by a blank cndois. meut u a per-
son who assigned u BY delivery II another person whirh
other peron transferred il ~ delivery. 10 the payee. who
blank endorsement Il the seem assignee ly the plaintiffs
own nome To let IN such a evidence the defendant should
rerseA.
sicarer T.. The state. Error to tie Noble c. c. Opinion
~ Judge BIACKroRD. In an indi, tucut for selling spiIilu-
Gus liquors vi ht NJ liccn.e il IS not necessary on The na,t of
tie State, L. prove hat The defendant had no license. Is n. tn
or he negative aveimcnt ia the Indictment. that the defend
ant LAD no lcea>e- be tue or not, ~ matter PECULIARLY with
IN The knowledge of TIC defendant, and the oasS yro5andi
lies ulon him THIS Is one If The cases where a material
avermcht m an indictment need rot be proved ~ the prose-
cufof, on account Of the great difficulty of proving IL, when.
Judgment cGsmoi.