Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-02-13

Casa pErERnnEb Al THE novEESER fERa 1874
Reported for IN States sr..d
Pdgs Pr<nf6e az Error the jefferson c. C opn-
ion by SULLIVAN J.
l. There is distinction between plea which amounts
the general aud plea that dseioses which
be given in evidence under the general issue
q plea amounting the general issue plea which,
for specially folth denies the plaintiff, Of
aEumenatye denial Of the declaration, instead Of being
a direct denial
plea which e0pfssss the plaintiffs cause of action
bu droids il BY new NATTER does not amount to the general
In debt proissory not accord and satisfaction and
payment matters that be pleaded specially although
each OF the defence would evidence, maintain the
raj issue. Judgment reversed.
Hazeirigg ct a. The STATE rel Of Parks Error TO
the Hendricks C. c. Judgment affirmed
Svails o. The STATE Error to the Decatur e. C. opin-
ion by DEWEY Evidence that the defendant beat caha
battery Of Ra,heTfnf sbc1fis udsfsent reversed
fhe Has Hea>fey. Tro Cases Error TO the Boon c.
c. Opinion by DEWEY j. Indictment for unawfully win
ming money by betting, On motion OF the defendants The
qua-hed indictment the grouhi that the grand
jurors wha und The bill were not legally returned.
The judgment is erroneous The unlawful selection OF
the jurors ground for quashng the Indictment
on m ton. Judgment reversed.
Griffith Hin Admr. Error to the Henry c. c. Decree
affirmed
Nerifr. CahpbeH Error to the Lagrange c. c. Opinion
BY Dewey j. "A scre aeds on the transcript OF Justices
Transcript Of the Justices proceedings Upon the judgment
was fled in the ci,cuit court. Judgment reversed.
James The Safe Error the ygo C. e. Op.ron by
BLAckFoab j. An actiOp Of debt brought against Ow
Ada"soD aud lose n James, recognzance alleged to
have been entered into ny Item before Judge for the APP
Pcaranee OF said Adsnsn at the next tenn Of the Court,
answer a charge Of forgery
Averment that the defendants made default Plea Nui
ef record An entry the order book IF the Court
offered in evidence prove the defendants default the per-
son accused bring in such entry named Owen Adanison
Held. that the variance the Owen Adansn
and owen Asahlson was mmaeIia tie principle OF idsm
sonans being applicable TO the
The record Ut Judgment ed In this q
plea OF frmer recovery objected 10
same variance mentioned above Held, that the objection
was not su,taInsbe.
Held. a,o as the above the causes Of
action not the same that fact should be replied the
Quee. Whether it be Necessary that such rccoynizance
as that sued on IN this should be recorded Judgment
reversed
Jenkins D. PruiH ct al In Ckqncery Opinion by SUI
LIvAE J. To sustn bill of Review of ewy
discovered evidence il that the matter be
only new, but must be such the party by the Of
reasonably active diligence could known II there
be negligence this respect destroys the title
lief prayed Bill dismissed.
Nun Phsy et al Spears Error to the Daviess C. c. Jud
meni affirmed
Scott o. Saiimarsh. Appeal from the vermion C. C.
Judgment affirmed.
JANUARY A. is45
The State REL IF Inhabitants Of Congressional TO,ca-
ship Neuc6y ct a. Appeal from the Washington e. c.
Opinion by BLACKBOARD j. Action Of debt brought by the
State the relation of the inhabitants Of the
township Washington the school
siouer Of county sureiies their bond ap-
psas BY the decla aon that the bou dairy between the
counties # Washington and through said
ship; that the said commissioned had
ey to which he bad taken mortgage for the Of
the township; aud that by the neglect
anime into the gagors title sc. the money
Held, that the declaration bad first because
stated with sufficient certainly that the money belonged
the REALTORS; and secondly, because there avement
that the trustees OF the township had decided the
missioner Of Washington county should have nr,sdiciiou
the school land # the township. Judgment affirmed
POrers {. UPdegrgf. Error to the Shelby C. C. Juds-
ment affirmed.
JANUARY 6, tSl5
Jessup .. Gray Error 10 the Randolph c. Opinion BY
BLACKBOARD J. Assumpsit "fur money paid by The plaintiff
for the defendants and at his request writing ob-
which the defendant principal plaintiff his
; and which the plaintiff had pay" Plea. assump-
sit without OATH Held that the writing not be-
ing the foundation Of the suit could received evil
dence without proof OF its by defendant 5udg
ment reversed.
tAsUAhY IN, is45.
Chapnaa b. Hdr2er ct al. Error to the Koscusko C. C.
Of writing which is not properly demandabe may
fused, burf be given without objection the party who
demanded IL may consider the whole Of What is foIh
part O his adversary pleading and may according
| ly Judgment reversed.
Shafer Sleade ct al. Error to the Clark C. C. Fna
Decree
kellogg Cruikshank Error to the Dearborn C. C. Judg
sfi, MED
Hunt .. Nu.ter. Appeal from the Union C. C. judgment
med.
JANUARY I6, Is45
Smith ct al o. Chase Error to the Cas- c. C. Judgmen
reversed.
JANUARY 20, is45.
Wilson ct al Harrison. Error to the Cass {. c. Juds
ment affirmed,