Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1845-06-07

Cases Determined at the May Term. 1915.
Reported for Indiana Sentinel By a.

l. Bill IN Chancery for discovery and relief ssnins;
an contract, that the principal
lawful have been paid or rendered and in os
a tender the money must be brought into Court
2 When apparent upon bill in chancery that the
has equity, the defect may be taken adj
vantage Of at any stage OF The proceedings Deer"
Redman g. Clark 2. Gould Appeal FROM the Floyd
Z. C. Opinion by SULLIVAN J.
l. In action of Trover the plaintiff to maintain his
have right of property IN the goods converted
well the right OF possession at the time OF CONVEX
sion.
g After declaration of bankruptcy the right Of prop
erty bankrupts goods passes his assignee, and
the latter is entitled 10 the possession.
8 In the Courts of tins State, the transcript of
cord from District Court of the United States Is adms
sbe evidence. Judgment rerused Collins, Bradley
and Quarles for appellant, Crawford for appellee.
Sherman .7dmr. Uitson Error TO the Martin c. C.
Opinion by DEWEY j.
If the declaration in assumpsit contain count on
prommissory aud common count and tie defend
ant appear the action aud suffer judgment by mil dtct
erroneous for the Court The damages with
the consent of The parties. Judgment rereTSd War
for PHI Watts for Deft
The State Bank z. Uynan O. another. Appeal from the
Dearborn &. c. OpnIon by DEWEY J.
If the holder the endorsee, of bill of exchange for
valuable consideration give time to the dIawee he there
by dlscha ges the endorsee Judgment rsrersed. Lane
for Plff. Ryman Il Spooner for Deis
DGmOnt Pope Ell al partners. Error 10 the Cass C.
{. Opinion bv BLAoKFoRD j.
Suit instrument follows :-"Loganspor, Oct
%, lSi5. Messrs. Pendeion & Zern will please pay in
conformity the agreement between bearing date IL
Sept. ls42 Messrs. w II. Pope * Co or oder the
of 200 dollars holding the balance the funds de-
posted with you if any my disposal and Subject 10 my
further order (Signed) Julius w Dumonr. part"
The Instrument was not accepted The question
whether the instrument of writing bill of exchange
not, not necessary for The Court 10 decide.
To authorize payee to a bill in which
there time specified for payment lie present the
bill To The drawee for acceptance payment within
sonable The parties lived towns only 10 miles
apart. Mails three times week between the towns
The instrument was not presented until 80 days after it
received The presentment therefore Iaie
II The instrument IS bill OF exchange the plaintiff can
not recover But the spposiiion that the
is not bill of exchange the painG relies the
mon counts lie instrument moi being wand bill Of
exchange II not sufficient evidence under common
counts The plaintiff should have proved the considera-
ton Tor which The order was gwen Judgment reversed
Bddis tor Plf-. Wright for Deis
Scott o. Williams. Error Ia the Miami &. &. Opinion
by BLAcRFoRD j. The question whether transcript of
Justices dgment duly filed clerks Office 10
question for the court TO decdeor transcript if duly
filed is record of the A replication averring
That there record OF Judgment remaining in the
clerk : office OF the circuit wrOng-the averment
should be that there such record the Justices
court Judgment rerersed Plat for PIT, Wright for
Def.
THURSDAY. May 90, Is45
Berry al. Nc Donnand. Err on 10 the Davies C.
I. Opmon by SULLIVAN }. ]. A scre faci0s 10 have
execution against real may be amended by striking
out IDimateral averment.
2 court may in It's discretion nj ar'y rnc before fri
al permit party to withdraw demurrer and plead to
s. In SUIT founded n have execution
against real estate conflicting es lands claimed by
the debtor cannot be inquired into and serled Judg-
'nent affirmed Waite for Pfis, Thornton for D.fis.
Jos Grabs Fttick. Error The Adams & &. Opin-
ion by SULLIVAN Under the general issue in an ac
lion OF qni ca license be given 2, idrnce
Ii must be specially pleaded Judgment rerosed Brack-
enridge for PHI, ID. Wallace for Def
Henry Hurst Err HensIy ct a. Error 10 the Clark
{. {. Opinion by DEWEY J.
The representative ola vendor ofrea estate hs
having deceased without making deed and are
he bound convey has the right court Of guilty
To require Of the heirs devsees the vendor TO max.
deed according to the contract Of sale, and
o the vendee the payment Of tile purchase money such
personal representative also entitled TO enforce the ,en
don lien Tor The price of The land Decree rerersed
Crawford for Plff Thornton for Drfs.
PhppS d another o. addison ct a. Error TO the CLAW
c L. Opinion by DEWEY J. In action on a bill IF
exchange payable to him, 10y the drawers who had paid
The bill against ncceptors, is surent the
bill IN the declaration payable 10 the firm without SET
ing i"rl The names Of the members Of the firm II ia
not necessary To ailege in declaration a OF er-
change against The administrators of the acceptor that
Tie planiIii clam has been filed the office of tho
clerk of the Probate Court which granted the letters Of
administration TO the defendant. In such action the
judgment should be Of in favor of the pantf that the
damages levied Of the goods of intesate and tbs
COSTS also if there be assets if of the goods of The
defendant. Judgment rtrersed Hanna for Plgs. Nc
Gaughey for Def.
Roetid Folioic. Error TO the Allen G G. O,;,;o,
by BtAcKroRD J. The charge that one is forstcoyn il
not of itself aciionae The in a declaration in
SANDER IN addition 10 The nduccmfnf and eoIIoo,y,,
should contain the inuendo which ALWAYS IN
such cases TO explain the defendants meaning by refer
ence TO The previous matter. Judgment rerersed d.
Wallace for Plff
hahdn ct al y. Sherman ri al for use &c In error ,o
the Huntington C. {. Opinion by BLAcKrorpJ
paro condition inconsistent with bill or note cnnno bo
engaiied upon IT, 1t for III. court To assess dnm
nges on The common without the consent of even
one of The defendants. Judgment reprsed Walpole &
Colenck for Plhs., Coonbs for Dens
Joee ct al y. Hu6ord Fl al admr Error To- IN. Her.
drcks Pvbaie Court Opinion by SULLIVAN
J. The Probate act of 1895 winch directs thai proceed
ngs upon suits commenced against executors or admins.
traitors shall abate aud that ISSUED upon ndg
nenis against them shall be recalled on conpInint filed
Nr praying To- settle the estate as nsols.n estate
embraces Also judgments against The hens aud rr, fn
ants oi the Decreased To sell the real estate
: Judgment liens matters Of statutory regulation
ana when II Is manifest from statute that no lien IL u
tended, none exists. Judgment oDfrmed Nave for Pes
Nc Gaughey for Defs '
i Berry B0rdtn. Error 10 the Allen T. & Oo;o;o
by DEWEY J. IL declaration contain two comm. -
different assaults and batteries and the defendant ..d.
Jnslilyng only one of The trespnsses aud The pain M
ply de juria lac valves the benefit of the comm.
aud cannot give evidence of assault and battery d,e
en from the one justified Judgment non aLsfo,,, go.
edtcfo Is allowed only where The plea cnnfsses ,. .c
on and entirely fails avoid IL on the merits IL
men' affirmed. Cooper Sor Pl., Coombs for D.o
! Mckinney =. Horter. Appeal iom the Drcnrnr e r
Opinion 10y BLAoKfoRD j. An amendment no, .a.o,;n
the merits of made during the trial or preyionss
Is not cause for continuance. When The descn,, z,
ls a. lTa nfada H.