Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-08-07
SUPREME COURT OF INDIANA.
Cases Determined at the May Term, 1916.
Reported for the Indiana State SeatiReL


Cases Determined at the May Term, 1916.
Reported for the Indiana State SentineL
WEDNESDAY,, July %.
Craig Mckay In to the Jefferson C. e. Judg-
nnent affirmed
StackhOuse o. Doe d. POsegote. In the TiPpe-
canoe C. c. Judgment affirmed
,VerniLya .. O-sa-cOn geGh. In error the Hunting
ton c. c. Judgment affirmed.
Jennings o. the Trustees of the Presbyterian Congrega-
ton Of Lafayette. Appeal from the Tppecanoe Z. C.
Judgment affirmed
Doe d Ka -kaut-rqo, 1alias J. S. Berry) q. Shar In
TO the Laporte e. Z, Judgment affirmed
Harding .. Griffin. In the Marion c. C. Opin-
ION by DEWEY J. If the circuit refuse dismiss
the action Of nonresident plaintiff for the want of such
bond for the security Of the the statute requires
the refusal is not error OF which the defendant can
complain, provided costs secured by the bond Ii
the defendant in action of aSumPst plead the gener
al issue with notice OF set off, and furnish bill OF par
cuars of of off relied on, he is confined in
his proof to the bill of particulars =.
general charge of cash a certain amount, in such
a BILL will let in proof that the defendant, in the
paciiy of executor, had overpaid the plaintiff legacy
left the plaintiff bv the defendants testaior. Judgment
affirmed.
Lloyd ct al. e. Martin ct al Appeal from the Tippe
canoe &. c. Opinion by DEWEY j. A bond condition
ed to indemnify and harmless the obigees from the
operation of certain judgments which liens upon
land purchased by them is bond of indemnity against
damages arising from the judgments
10 an dctlOu Oh ptudi part VI pea,
after oyer of the condition Of damRcGtuS, general
y good and replication that executions have issued
upen the judgments and levied upon the land the rents
and profits of which, for years, offered for
SALE does show breach of the condition of the bond
and is bad. Judgment affirmed
Ward ct al. LeriStOn Appeal from the Union Z. C.
Opinion by DEWEY J. If member of firm deal IN
his name which the firm is interested
with person ignorant Of the partnership an action will
lie against such person. either by such single partner
by the firm.
If concealed dormant partners suffer of their
rm TO conduct their BUSINESS the only osensI
bly, concerned in the NATTER they subject themselves in
joint action, 10 the right of off by the defendant
which he would have had in several action by the per-
son with whom he dealt Judgment rerersed
The State o. Leak ct al In error to the Owen c. e.
Opinion by Sullivan J. Debt on judgment founded
forfeited recognIzance Pleas, payment in part, and
TO the balance of said judgment remission by the
Governor. Repications denying the payment and al
leging that the said remission obtained by fraud, &C.
setting forth the facts Demurrer to that part of the
pcaton averrng the fraud &c. and demurrer sustained
Held that the pleas did shew, did appear in
the record that the forfeited recognzance taken in
that authorized executive Interference the pleas
bad and the question of fraud in procuring the remission
would not be inquired into. Judgment reversed.
Bradbury DOHgherty In error to the jefferson C.
c. Opinion by DEWEY j. 1t is in the circuit court
TO refuse TO continue cause, motion, upon the filing
of good affidavit. person having executed appeal
bond before the justice IN the OF the plaintiff,
Is attorney tact is competent witness for him
trial of the in the circuit Judgment reversed
Allen y. Fleming. In error to the Adams c. c. judy
affirmed
State o. BARTLETT. In error to the Huntington c. C.
Judgment affirmed.
BrOacn Doe d. HalJrOok. In error TO the Laporte c.
c. Judgment affirmed.
Monroe State. In error to the Tippecanoe c. e.
Judgment affirmed.
State o. GoOck In error TO the Morgan c. c. Opn-
ion by SULLIVAN j. An indictment against d. G.
for living in open notorious fornicalion
with ]. l.. is good, notwithstanding the Indictment
does not show that J. l.. unmarried. IL she were
married the defendant may show that fact the trial.
and thus prove the offence have been adultery and
forRieatioR. Judgment reuersed -
FR1DAY, July 25
Shipley ct al Mitchell In error to the Warren c. c. |
Opinon by DEWEY j. When bill in equity is taken ms
confessed and final decree rendered against the defend
ant, the record should show that the had urIsdc
ton Of his person.
When bill in equity against non resident defendants
is filed in vacation, notice of the pendency of the suit
must be given in weekly newspaper for three full
weeks, twenty-one days. and sixty days before the
commencement of The of the circuit court which
cognizance is taken of the Decree reversed
Gentry o. the State Bank of Indiana. Judgment affirm
GlOrer Foot. Appeal from the Lawrence c. G. For
ne judgment set aside and remtur entered and judy
1sent affirmed.
Smith o. Buskirk In error 10 the Monroe c. c. Opn-
on by BLAcKFoRD J. Suit on bond. Plea, payment
The plaintiff rebut tho presumption of payment from
he lapse of ume may prove that, pending the the
leendant proposed 10 Inc palnuH attorney 10 pay on
he bond in property such evidence showing admis-
lion of the existence of the debt Judgment reversed.
.Mal0h Q. Smith. In error to the Washington c. c.
Judgment affirmed. Three per cent damages.
State o. Kuhn In the Noble c. C. Judgment
ecersed.
Seely buchanan. In to the Huntington c. c.
Judgment TeDersed.
Smith o. Rddleman In error the Wayne c. c. judy
uent affirmed.
Bodies Hams. In the Carroll c. c. Petition
or rehearing overruIed
Harding o. Griffin. In error to the Marion c. c. Pc
ion for rehearing overruled. +,
Sparks ct al. the State Bank Of Indiana In error 10
he Dearborn &. c. Opinion by BLACKBOARD J. A note
nd morigpge appeared their face be executed 10
he State Bank of Indiana its corporate name Held
hat if they bad been received through one of the
ranches (and therefore OBJECTIONABLE the maker
aust show that fact.
The bank by the 9th section Of the charter may hold
sa estate which shall have been mortgaged TO il by way
security for money due prOmissory note exc
uied on the same day with the mortgage. =
steam engine erected in permanent manner in n 4
;ard 10 facilitate the process Of ianning aud used