Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-06-19
SUPREME COURT OF INDIANA.
Cases Determined at the May Term. ls45.
Reported for 1s Indiana Safs ss.tisd y {. J. ase.s.
Turnsoav lime r 1875

Cases Determined at the May Term. 1916.
Reported for ts Iazana Szafs serhsd D 6. J. aeras.
THURsDAy, June 5, 1885,
Richmond Manufacturing Co. Z. Davis. Opinion by SUI
LIvAN J. 1. An alteration in a deed OF bond after is exc
euuon, without the consent of the parties, vitiates the in
strument. But if made even in a material part, with the
consent Of the parties il is valid. 2. Ii is a matter Of fact
for the jury 10 decide, whether consent was given or not.
B. 1t is the practice Of the Supreme Court TO leave . verdict
J"y GS D.,
Ter for Plf, II. & II. Brown for Deft-
VIM. Hsatos q. OrsOn Collins. Opinion by SULLIVAN J.
Appeal from the TippeeanOe &C. Debt against h. and G:
Return Of mot found" as TO G. The defendants appeared
and demurTed TO the declaration. The demurrer was with
drawn and II. pleaded. G. did and said nothing further.
Judgment was rendered against X. alone. Held, that the
judgment was erroneous. The judgment should have bees
against both the defendants. Judgment rereTsed. Mace L
Cane for Plds, Gregory for Delts.
Carpenter ct a. .. Montgomery. Opinion by DEWEY J.
/. The legislature is cOnsttutionally authorized to declare
statutes 10 be in force from and after their passage in cases
Of emergency, and Of the existence Of the emergency the
legislature are The Judges. 2. The clerks Of the circuit
courts have no right 10 charge the losing party IN a cause,
fees for making up a final record except in certain eases, ard
unless directed BY such party TO make the record. JHdg-
Rsent reversed. Bstiell for Pl9s., Wick & Barbour for Def
Hoytrorih v. MarreiL. Error to the Union c. c. Opin-
ion by DEWEY J. A scfre Jdeias on the transcript Of a Jus
ticS's Judgment for execution against real estate, must show
that a transcript Of the judgment and proceedings was ceiti-
fed by him and filed in the Office Of the clerk Of the circuit
court. Judgment rereTsed Newman for Pif, Peny Tor
Deft. SO
Dumont Admr. &c. Z. Stafy ct al. Error TO the Hunting
ton { c. Judgment affirmed.
Collins c. Lore. Appeal from the Delaware e.. c. Opin-
ion BY BLACKBOARD j. An action for malicious prosecution
1t being alleged that the defendant falsely, malieiousy, and
without probable cause procured the arrest Of The plaintiff,
il is no objection II the count that the affidavit upon which
the warrant issued, is defective. Judgment affirmed. Sam
pie and J. Smith for appellant, March for appellee.
TUESDAY, June 10, 1S45..
T. Single ct al. .. Wm. Ha1kias. Error to the Weyae
c. C. Demurrer to ID and Sd pleas. Demurrer sustained. 7
Lockwood ef al. q. the State. Error TO the Tippecanoe c.
C. Opinion by SULLIVAN J. A joint sciTe fscias cannot is
sue on a several ncognizance, and if it do, and the defect is
apparent on the writ, il may be assigned. for error. 'yusgs
neat reversed. r. A. Lockwood for Plf, Mcdonald Tor the
State. .~ -.
Rhyn & WIFE .. Cockrdn. Appeal from the T~ippecanoe c.
c. Opinion by DEWEY J. BY the statute Of 1891 a cause
in chanceTy was ready for final hearing so soon as the issue
was made up, unless deposiiiohs were necessary. Under the
law Of the same date il was not necessary 10 record wills in
the recorders office to render them valid. Decree affirmed.
L. Mace for appellant, r. A. Lockwood for appellee.
Atkinson ct al. .. StaTbuck. Error to the Washington c.
c. Opinion By BLACKBOARD J. Debt on a delivery bond, the
condition Of which recited the execution, but was silent as
TO the judgment. Pleas, no consideration, and payment OF
the Judgment before the execution issued. Held, on general
demurrer, that the pleas were good. Judgment Terersed.
Griffith for Plf., Thornton for Def. 80. at
Lecis .. ToUnly ct al. Error TO the Huntington c. C.
Judgment affirmed. Remittitur by Deft. Of $50.