Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-12-04
Volume Va;;:;;,;;ii=r;Number "a.
SUPREME COURT OF ENDIANA.
CASES DETERMINED AT THE NOVEMBER TERM, 1915.
Reported FIR he Indiana STATE Sentinel,
BV A. N. CARNAHAS.

MoSnAT, Nov. 24Ih, 1913.
Miller Ct al rs. White ct al. Error the Henry e.
e. Opinion by DEwEr, J.
written cannot be changed explained by
pafo reference TO another written between the
same parties Judgment rerersea ]. s. Newman for
plaintfls-R NJ. Cooper for defendants.
Harris u.s. Cob aud others. Error to the ST.. Joseph
c. &. Opinion by DEWEY. !.
Tie temporary statute Of $40 authorized the rep,evy
Of DEGREES 10 ehancery
The Statute of Is43 authorizes the replevy of money
DEGREES in cLancery.
Sem. That independently of these Statutes the law
was the same. Judgment affirmed. Morrison, Major
and Lister for plaintis-J L. Jerncgan for defendants
The Stale rel # HIlson rs. HiLi0ms. Error to
the Marion G. T.. Opinion by BLAcKFoRD, J.
wit IN an action OF debt against A, b, and c, issued
IN Marion county, was served A. and returned
found - 10 the others.
The plaintiff authorized by Statute suggested the re-
turn The recUrd pleaded in abatement, that neither
he either CT the other defendants resided in Marion
souniy when the writ issued had any Of them ever
resided in that county and that they when the writ
issued and still are, residents of Morgan county Held
that the pea was bad Judgment sed Hiram and
Hervey Brown fer plaintiff aares & Bradley and
Wick for defendants
The State Of Indiana rs. Hopkins ard Others En-
TOR to tie Vandsrbureh G. e. BLAckFoHD, ].
Indictment against A, B, and c, fr failing discharge
their duty as County Commissioners, &c The defen-
dants pleaded guilty, and Judgment rendered against
them, that they make their 6ne il certain sum The
State. Held that this judgment being joint erronc-
ous There should have been judgment against each
of the defendants The record in SAID suit after stating
the piacifa proceeded follows: 4" Be it remembered
that heretofore, to-w the September term &C. the
year 1884, the Grand Jurors empanneIed and sworn &c.
that &C., the first day of June in the year aforesaid
&c. Held, that the caption part of the ndict-
ment, and that the indictment, which commenced with
the words, 1.-The Grand Jurors empannelled" &C. not
naming the of any of the Oh ges, except by the
words, lin the year aforesaid" bad. Judgment re-
uersed ]. Lockbart Pros An'y.
TUESDAY. Nov. 25.
Thompson Us. Harrison Error to the Dubois c. c.
Opinion by DEwET, J.
The Statute of 1913 giving Jurisdiction in actions by
and against administrators and executors justices of the
peace extends to causes of action existence the
time of its PASSAGE and authorizes the revival BY scre
acias Of Justices rendered previously linst
the administrator Of deceased judgment debtor. judy
msnt rere,Sed. ]. Pitcher for PLAINTIFF 4. Terry for
defendant.
Wcri= ct al rs Robertson. Errsr to the Henry c. c.
Opinion 10y BLAcKFoRp J.
Assumps for lumber sold and delivered. Pleas nom
assumpsit and sct.o On the trial the defendant intro
duced in evidence bill of lumber made by carpen-
ter, who had built him a house. The Court permitted
the jury take this bill their room, after charging
them that they could receive evidence of ITSELF
of the of lumber contained in the house. but that
if witness had testified il the amount of
lumber the house contained, they might refer it
memorandum of What his evidence on that subject
Held, that there in permitting the jury with
=, d, ID.
Judgment affirmed. Tes, for the painth-Ward & Par
ker for defendant.
Pate S1san and others. Error to the Union c. c.
Opinion by BLAcKFohD. J..
Under the Statute of 1913 Or s43, p lO46,) an ex-
ecution defendant may claim exempt from execution,
any before the sale, any personal property levied
on, not exceeding in value l25 dollars. Judgment re-
reTsed Reid & Perkins FOR pIainiif-Perry & Yargan
for defendants.
Po7vers u.s. Davenport Error to the Montgomery c.
c. Opinion by DEWEY, J.
common carrier, private person who undertakes
for hire, transport and deliver goods safely is bound
keep in the usual and customary road from the place Of
starting the point of destination and if he unnecessa-
ry devaie, and loss in consequence thereof he
is responsible for it, Judgment reversed. H. s. Lane
and 3 G. Wilson for the PLAINTIFF. e. Gregory for the
defendant.
WEDNESDAY, Nov. 20.
Henry rs Hamilton Error to the Fayette e. c.
Opinion by DEwEI, j.
If Justice of the peace issue State on an n-
formal and insufficient affidavit aud the accused person.
on being arrested, put himself trial before the justice
without objection, the proceedings afterwad not
JHdIce, and void: and sianderous to charge
a witness such trial with false swearing.
justice Of the peace is authorized to try and pass
tence upon, person accused of disturbing lawful
sembly.
If witness mske false statement but afterwards cor
rect it, that bis testimony ultimately consistent with
truth, he is guilty of perjury and is sanderous
charge him unquaiedy false swearing reference
to that statement JRdgmsnt affirmed. Test for plain
tff-Parker for defendant.
johnson Mclean. Error TO the Decatur G. G.
Opinion by DEWEY, J.
If persons exchange horses, with the privilege TO
party return the horse received 10y him, within
given time, anu be fail to return it in that time The
becomes absolute and each party is the unconditional
owner of the property received in exchange
IT. in such exchange of the horses be warranted
breach of the warranty does annu the contract Of
SALE and einves: the property of the respective horses in
their original owners.
The vendor of goods whom fraud has been COM
mitted by the dee make the of sale
a nudity, while he willingly holds IN his own hands,
valuable consideration received by him for the goods
party having right TO resehd contract must
else his right within reasonable time.
An execution binds the personal property of the
ton defendant from the time OF its delivery The officer
though the officer fails TO endorse upon the time when
he received it.
and exchange horses; after the exchange an execu
ton against it delivered officer, after which and
d reexchange the horses the officer leves the execution
upon both horses, the property of A The lien of the
execution upon the property originally owned by b. but
belonging TO A. at the time the officer received the
tion is elnquished by the levy upon the property org
nay owned by A. and by HIM received back again 10y the
re-exchange. Judgment affirmed. George IL. Dunnfor
Plaintiff. ii. Test for defendant.
Doe on dem. .465oH HIrd and Sherman, trustees
&c. Error to the ST. Joseph e. q. Opinion by BLACK
FORD, j.
A voluntary conveyance of real estate is void
subsequent creditors merely because the granler in
debied 25 or 80 at date Of the deed.
After such deed the granor contracted debt for which
judgment obtained before the deed recorded
Subsequently recording the deed, (Which not
corded in time the land sold under execution
said Judgment.
Held that The purchaser having notice by the record of
the prior deed, took nothing Wy the purchase.
husband cannot convey land Immediately TO has wife,
but be may convey it 10 trustees for her
Under the Statute, bona fde conveyance of real
tate, whether consideration passes, prima ia
ce the granios interest in the premises, and the posses
-. L.