Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-08-15

casrs DETERMINED At THE MY TERM 1874
REPORTED ,r re K.disna S,a,s ssrfiHd)

-Eeiag T. Baker. Error to the Rn.h {. c. Judgment
Jusr2S.
Robinson r. Barbour. Error to the Marion c. G. Judg-
Bro'ra {. Kemp. Error to the Cass c. c. Judgment
qFrmtf.
Soon e al. r FacGr ct al. Error to the Allen c C.
Judy m,nt afTrmed
Jrx,oo
Morgan Tie stqte. Error to the Green {. &. Judy
mint affirmed.
SArrrnAr. July 6.
Johnson e al r. Johnson. Error to Tie ,,eo {. c
Opinion bv Judge SULLIVAN The principle that n mort
gagee " no purchases the equity of redemption al shcufTs
sale on execution. thereby rNtin suIslcs The murtssgedcbi,
To- tie extent of the value of the morigased premises. ap-
Plies also 10 The assignee Of the mortgage. Docroe re-
rersed.
Sampssn r Grimes. Error to the Carroll c. c. orin-
ION by Judge SULLIVAN. \ deed winch l. oF, red Ia ev-
idence on the trial of Il cause Ia be used against a pctson
not a party to ii, To- which there is a subscribing witness
musi. a. n general rule. be- proved by The subscribing VT
ness, if he bee within reach If the process oi the count.
and cannoi he proved b., The eranior.
II a landlord dining The eAis'curc uf n lcase, convey
the demisod premises, The tenant. IN an action against
hiri by the original landlord Or use aud occupation. may
show such CONVEYANCE IN defence, and the plaintiff can
only recover what was due at the lime his right 10 the
premises ceased. JRdgmcRt rercrsed
TmunspA.. July II.
.y1chofs =. Smaller Il al. Error To lie Noble 4. &.
Opinion by Judge DfvrY. II the cirruit ccurr gram, a
new trial, The record shown no good cause fi ur asaius;
il, it l. no; error.
\ defendant cannot plead in abatement on accom-, .or a
'iiii' NV tliIHll' "iu Nii. liNfflt ffaN-
ing oyer and reort'ns the wit in his plea. Jtdgment re-
rerSod.
Ucin.rpf;n r. The State. Error to the Gibson e. &.
Opinion by Judge DEWEY. \ caption of an Indictment
which shows that the Indictment WIS found hv a grand
jury ut Il circuit court held nj &c. on ~. j. suificicnt.
The caption need not specify the qualifications ct the lu-
rors. nor aIege them to be good and law ful men.
The Joinder of distinct fclonics IL Irregular. aud good
cause Ia quash the Indictment, on motion, before plea;
but the refusal of The court Ia make the prosecuting at-
torne, elect, uiier plcn, on which count he viii Try The
defendant, IL net error.
u "A person has been once put On his defence on a legal
Indictment before a competent jury, and the jury have
been unnecessarily discharged. such discharge j. cquiva.
lentito an acquifial Of the defendant, and he cannot after
wards be tried for the same ofi,nce.
y verdict finding the defendant guilty on one rount Of
mn Indictment. aud saying noiIing of the other counts, is
equivalent 10 nm express Ending oi not guilty on such 9th.
~ counts and n judgment may hr rendered on The YER
dict. The proceedings III bar u future prosecution for
any oi The OF, noes charged in The Indictment
The entrysf a noHe proseqni, after Judgment on such
a verdict, oi the counts with regard 10 which there WAS
no express finding. is nudity.
An Indictment for n rape, describing tie offence ac-
cording To the common law definition, bnt leaving on,
The word nnla~frllv, is valid.
The refusal. of n circuit court 10 permit n question to be
asked of Il witness for The defendant. having fr its OBJ
Jrct The Impeachment of n States witness. hy show ing a
statement contradictory Of his evidence. such witness for
The State no, having been previously micrrogaicd on The
subject matter of the proposed question, H. not erroneous.
THIS court should not pronounce the refusal Of The cir
cut court 10 grant a new tial, on The question ri the cred.
ibiliiy OF testimony, IL be erroneous. .Judgwcns affirmed.
Shoofrt q. Ira9t ~ al. Error TO The Ciafk & &. Opin.
ion by Judge SrLfivAx. |. Where n party 10 n contract
places a known trust aud confidence in rL.c Other pan-.
and acts upon his opinion. any misrepresentation by The
party coniided IN, in a material matter constituting an IN
dicemeni or motive 10 the act of the other party. aud hy
which an undue advantage is taken 81 linn, l. regarded
rs n fraud against which equity will relieve.
= II Is immaierlai whether The misrepresentation were
Innocenty made or not, the person c"nfd,ng IN them
was imposed upon a. much as II they had been made
through design.
4. Applications to a court of 'hanccry for The exercise
of Ms lurt>diciinn 10 rc>cind n contract. are addressed 10
the sound discretion of the court. bat that discretion
should be exercised m conformity with established prin-
ciplcs.
4. II is a rule Of equity Jurisprudence. that a contract
will not IN general be- r,>cindrd hen the rnni,ncrinp
PARTIES cannot be placed IN lhc situation .hcy occupicd.
AMI be made to stand npon The sam, terms HAT cxrsted.
when the conirart was made nor then. # HE applica-
ton to rcsclnd he not made within a reasonable time.
Deere rcrcrSed.
EHton r. Donghfy Error 10 The Fountain {. c. Opin-
ion hy Judge SrtrrvaN. In Il sore iacias arainSi replry-
IN bail. commenced before a justice Of The peace, The
proof was that "a fcri firias was issued against tho luds-
m"nt debtor. which was levied un CERTAIN goods aud chat
tells. without sperii, nv ihrir value. ar stating that The de-
fcndant had M Other goods OF chaii,ls on which Ia levy
that the writ WAS returned property not sold for want 81
bIdder- HAT a new execution ihercuPon issued which
WAS returned "sold &c" and no isorc grop,riy on rhjch
I" iecy. HJd. that by Virtue of The ,cndlioui cNpona-,
the constable had no authority 10 le,v. aud that pracccd-
Ings against the bal could moi be founded on such "A re-
iurn. Jpdgwcni rfrtrsed.
Peor~ r .urrin. Error To he Fountain c. {. JDsg-
Htfft fIf hHfNr
Coq~a1ord p TaTor. Error to the st Joseph { {.
Jadgmenf Ghrued
WnHr dM r. Tie tntcd States eff .imerica. Error
to The Tiprccanoe { {. .~Jq5gmoot oTrwod.
Pcrrsr = Eorr. Error 10 The Fountain G. {. .yrdy-
meot q6fr'nof.
.td'rh r'rtr. Appeal from the Warren c c
ia dgaeat e5irtaed
Gobi, r. Gsedd Error to Tho jefferson e {. Opin-
ION by judi. .nEwtY. y Dormant partner not known in
Il contract, need II Il JOIN IA a bin in equity 10 enforce the
contract.
4 ~mccaanic- ten TO-. york done. : no, waved by la~
takiu. l~ employers noi, Or 30" money du' tor the
work. and hy giving a receipt IN 'ali for such money, the
note beng unpaid
when a n,rcha"ir yves cred; foi rors done, notice
Of his intention Ia hold q lien. must b. filed IA lie re-
corterS office wi'iin sky dr.S from Tie expiration 81
the credit. D,crcc r,rcrso@.
The SHc r .N"oafgomru dd. rrrar 70 tie ,ionirom
cry { & opinion hy Judge Drwrr. \ probate judge
could not in l,i2 t"Ae a r'corni>anc' rciusnallc 10 any
courr. ont Of h> county. .Jtdgmca, eTrm,d
Thc s'aie or rt Ac L,ogrfd Il ~ Error TO the
Clay G.. Opinion ht judy II icKfoHn. u. ~ q sni
lt the State on \ collector bond tie realtors uarne be
inserted in the bois Of the wrir. an ind .r-ciucut OF hs
name on the VIII i unnecessary.
\ motion Ia dismiss a suii for want Of m Endorsement
of the REALTORS name on the WIT. mus be niale on the
defendants first appearance TO the suit. Jed, Rcat ~
rfrsod.
TIE STATE fr he nse Of 6c. r .7adoso1 # al. Error to
the Clay & {. Opinion toy judge BLaoKronD. Where
"A suit y brought hy the State on II schao, commissioner
bond, the writ must show eiiher ca ~ face. or by an IN
dors.meu'. the name Of the person Tor whose use the
suii - brought.
There is no such person as congressional township
numbered II north Of range numbered : west. The
corporate name of the township intended 10 he designated
by that description. i. 'ihe inhabitants Of congressional
township no. ~. no ia of range no. : west, IN the coun-
" of Nc. Jndrwfaf 06frmod
Hedges r. Bird z, A. Error 20 The Alien e G Opinion by
bv J SuLLIv.x. l. *. was tic owner nra certificate issued
-, Ia 49,, IA - 4 - a