Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1845-06-11
SUPREME COURT OF INDIANA.
Cases Determined at the May Tsrm, 1915.
Reported for tho Indiana State Sentinel 81 a. sterens

tdNS Defffh'Htd ~ me DIdV ifFW, 1919.
Reported for tho Indiana Sentinel 81 A. J. sterens
MONDAY, June ,, 1915.
Ezra \. Maniore. Appeal from the TIP ecanoe c. c.
Opinion by SULLIVAN j. l. An execution that i issued
judgment that Is epeved, at the request Of thr surety,
before Tie expiration Il The Iepevy without affidavit
under the statute Of 1888 irregular and void. .. IL such
be levied BY the constable he may abandon the
levy when informed OF the invaldiiy OF the wit IL
general tIle in pleading that asserting light founded
s,asie the pleade; should array any fact necessary to
inform Tie count that his case is within the statute judy
Chand aud Mace for Pin Baird for Det
Oilasicad ef al McNaH 81 al Error the Wander
burgh c. c. Opinion by SULLIVAN l. The statute reg
uang the lien of mechanics and others on buildings,
and embraces wharf boats used for receiyi and
storing goods . remedial statute should receive such
efectuaIly meet tho tencfcia eud
view and TO prevent failure Of the remedy intended The
The statute giving lien upon boats and other vessels for
construction Iepnis, &c applies exclusively to vessels n-
tended Cor CATION. Judgment rere'sed Baell for Plf
Baker for Deit.
Jrckson Gordyr Greer ct al Error to the Fou:
tain C. C. Opinion by DEWEY J. A decree in equity how
the proceedings IN the cause not nuity
provided the court rendering has jurisdiction of The sub
matter and of the parties T. the bull Judgment otrm
cd. Mace for Pi Chandler for Deft
Daniels Err r. Richie ct az. Error the Allen c. C..
Opinion by DEWEY j. II the defendant oyer of an
declared and have IT. but demus to the de-
caraon without spreading it the record his demurrer
stands if oyer had teen craved If plaintiffs describe
themselves as executors but dee right. il
Of demurrer to the decaIaton Judgment rerersd
Coloni>h and Wapole for PHI. Cooper Tor Deit
State Bank T.. Breckenridge. Error TO the Allen C. c.
Opinion By BLACKBOARD j. The State Bank only be the
Of real few cases which are enumerated in
the charters and any such estate which may thus is
part of is capital stock. The joint property OF the com
pary whether be in land proml>oTy notes. specie, OIL
any thing which they acquire and hold under the
hoty Of their chatter part OF their Stock aud there
provision in the charter respecting IT'S exat'on
II tribunal IN exercising limited elton exceeds It's
limits all its deieminali beyond It's due bounds cordn
udice and pecep issuing from such count TO en-
force such determinations IS 10 Jushcauon t. The officer
Judgment rerersee ieEegan for PITT r. Fackenridgs 10
Det
The State Bank on rel A. p I. sac Bank. Error t
the ST. Joseph {. {. Opinion ly BLACKBOARD j. Action OF
a>sunp> TO recover sl77 81 being Of State
Iold assessed the Branch al South Benz
f., the year si3 Plea OF payment TO part and non
,umpsit to siduc Hd the 2 cents reserved on tn
Of individual stakeholder (hy the 10Th section
Bank Charter paid BY hm such share without borrow
Iu om the should re deducted from cent th
limit fixed by the chatter 4 the assessment OF an al yaoer
tax upon Bank stock. Judgment affirmed. Deilees Ion PHI
yern' gan TOT Deit
BolleS r IErrris Error 20 the Carroll e. c. Opinion b.
sullivan j. / In action Of debt on Iecosiizauce O
special bail the declaration did not st out the ecogr
in h9crerla, according 10 its legal operation
ma thai the declaration was insufficient : Ia snch acto
where there issues to the county well as pleas
null tiei record the amount due must be a>eeflaned b
Jury. hv the Court Judgment rereTSed P'at 10
PIT. Mace loi Def
Pukiason ct a. 7. Hama Error to the st Joseph C.
Opinion by sullivan }. deed or other Conveyance
land m de hy person indebted at the time with inen
defau1 VOID idcd the gantce be
10 fraud. > If the grantee in deed, made by III
OF he fraudulent intent oi the gtanior oeoe any part oil u
purchase be patti he WILL he 10 complete IN
contract be Pticeps fraudS and The deed VIII DC set a,it
absolutely beiOo affirmed j. ii. BIadlo
, for PHI, Jcmegan for Deit.
Morrison IFray. Error TO Fountain C. c. Opinion /
Dewey J. writing in the following io'm; Received
three dollars and fifty cents, for the rent of my bre
house in CoFinst'n, Tor Que month WIN me pr'Viese
: keeping months at the same rate Signed W Is
lease fom w TO NJ given upon an executed considerable
for month and iiom month TO month for i've mont
before, provided NJ should pay TO W a similar sum
the commencement of each month. Judgment rererSe
e Mace for PHI, Gregory for Deft.
g0tti1gham the State rel Of Hare. Appeal from q
Hamilton e. c. Opinion by Dewey j. TO an action OF de
guardians bon the declati0n SPECIFIC breach
condition of the bond plea that the gudIsn dl
oharg all the duties and trusts OF Guardianship bad
SPECIAL demurrer. also is plea that the guardian W
gully OF the breach OF h uust ALLEGED III the decar
The dcclaiaion alleging that the guardian had TAM
pay money his wand, at rty, plea that Il
guardian had loaned the money pursuant to statute and
discharge of his duty as guaidan special demurrt
The plea should show order Of the Count OF Pio5A
authorizing The gulidlan TO loan his wards money. pl
protesting answering the whole declaston, but answe
II ou part bad on murer plea protesting To ansS
20 part Of declaration but not specify ING what part,
good special demurrer, provided 1t Directly deny par
i cula and material allegation in the deeaIa3n The su
tanning demurrer such plea though erroneous, IS
rs for reversing the judgment fo the plaintiff, II
breach the plea not taken inside alton
g assigning the damages the lud -ment being the
- would been had the demurrer been sustained. Jd
# eRt affirmed. ii. Brown for PHI, Wick and Barbour
Deit.
lft5oy T. me SinteV ftd'iHH- 5"dSHtW f.U""tei
- aud 1f0rrOtr L. F1c1ard. EIlr II the Rush c.
- Opinion by Blackford j. Suit a given part pa
: ment for some lots where the dee to be made
= payment Of such Held that the plaintiff >hoi
have offered deed before
the suit plea omittug that liI, had
at maic is bad Judgmeat affirmed. with five per dan
ges I'd costs. Newman pIti., spooner Hackem
fOI Def.
II Cor and Morro,c IVens Error to Rush C. c. opin
la by BiaokfoId j. 10 make deed good the wife
should be mentioned in tie body of the deed Jus
. reversed Newman Tor PIT, S2ooncr and Hackien
OF for Deft.