Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-06-27
SUPREME COURT OF INDIANA.
CASES DrrERMrSrD AT THE NAY TERM lSil
(EsporteS fer the iadgsc Sr,s seatiHd)

(.D0rfe4 for the fHctxrc STR seRtfHd(
FkrDAy, Nay 81.
The STATE 81 rel. # Bird re. Hood c-S E-iag. Appeal
from the Huntington I. c. Opinion ~ Judge Sullivan. /.
Where there are two pleas, orc tf which IS 4 bir 10 TIE &C
ton, and the other inmate ~, aud issues be taken IN the
pleas, AID a verdict be given Tor the d fendln', The
court will rot set aside the vc.dici, oi render a lpt.mort fer
the planuff non o6stan'e rereiicio, Lecause one Of the Is
, lis well settled principle OF law, that a surety can
not be held liable beyond his undertaking. Judgment az
f,met.
{. {. Opinion by judge BiAcKfoRo \ p.oniss5ry note
was payable Ia two persofs at partners. and embossed bv
Them Hdd thar notice Of the makers non p yment should
b. given 10 each of the endor~er>. Judgment affirmed.
BAR ct al Z WiNiGms. Error q The Decatur c. {. Opin-
ion by Judge BLAcgroRD. SUIT on a VT I en- promise 10 as
sign to The plaintiff a note on a third person. HID. Ihat pa
rpl evidence tending 10 show tat the assignment was TO be
vi h1ut recourse, was iDldmis.ibc. Judgment rcrersed.
Darts and others T.. CsO'r. Error TO the Warren c. c.
Opinion hy Judge DEWEY. Debt fo' The penalty Of a re- lc-
YIN bond, Over If The bond and %c0ndriin. Plea. that the
property replevined telonsed 10 the plaintiff IN ler levin the
plea is I'D.
10 a tcplica'ion assi ming foi breach Of the condition Of a
bond. that III piaintf in Icples in did ni with ut delay
prosecute The action Of Ieplevin, but suffered a non-suit
tie. Gin, which appeatel Of Iecotd. sc. the rej Under Of The
nal fi rec,rd co. Guided to The county,. The reionder is
bad on special Demurrer. Ii should concIrde 10 The Cou,,.
la an -cti. II On a re flevin bond he plaintiff cannot rccov-
er IN d'ma-e> the amount Of fees paid 20 his lhwyer in the
rcpie,in >cii, TT comi cn>a'ian Fl h. own Attendance on
court IN that suit, nor his law, oTs fees in the SUIT Oh tho
baiG-
\ constable seized The property (bein. h,rses) Of d on
y NN''b "e"fHN 'h, ~ I''Ah iH'h ~ wv hdhu> u Y u
be kept. ID WI hout : tsf, ing the oxccutr n rendered 10 {
The amount Of the expense OF Keeping the harScs and de-
maded them, aud on C's refusing To deliver them, tplcvi.d
the hor.cs out Il his pos e>>ion. . SUITE ed a non sun ia
the action OF re.levin. In an acii ~ on the rcpe, in bond
against ID AID has sutetic>, { i e. ttlcd to recover in DANA
gcs a reasonable charge for The keep If the hoscs. and he
was not bound 10 receive the money tendeied. Judgment
Tcref sci.
Qiere as TO The declaration in thi' case.
JIcks1n y. GO03lsfIe or dcrr BrOrfy Error 10 the Noble
c. e.. Opinion by Judy DEwFY. The cepy OF a declna-
ZION and n , ice H. eleclmrut. served on The tenant IN posses
son. Il appear in The ca, nit o"utI in The tenn next after Iha'
whuh I llOws the setvce i not a legal notice.
judgment cannot be rendered against . casual circtOr. un-
Ill afei The tenant in possession has made default. Jadg-
mcnt reretScd.
U1derhi q. WHii1ms ct al Error to the Kosciu>ko c. C.
Opinion BY judge SULLIVAN. !. \ ptrrl cputracI for the sale
Of nd. where The purchaser has been pli into possession,
Is exempt from The Opcr ton OF the statute OF frauds.
, W, tic holder Il . little b nj ia a I in W on which
Il, pat OF The pu chase money was due from him. sold the
little b di TO w. who sold L. Z. = sol to I. and L T. The
complainant. " by agreement Of parlic, assigned the bond
10 /. On a bin filed by complainant T. compel + t. assign
the bond To him, and 10 compel w 10 pay tie resi- nc OF the
uichase mol eE, II wa, held, on dcmu. Ter to The Till, thai
The complainant WIS entitled TO a dcciee.
). II II the peculiar province of a c ut If chancorv ~
matt = complicated and vai,us, 10 bilnc all the par les in.
ter, >tcd h,foIe il, a d /, make such d.c,ee, affecting c,ch Of
tie parties, as the ends Of justice Itquiie. Decree rerersed