Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1846-06-06

FYoom v Beard Error to the DcKalb C.. {. Opinion BY
PERKINS, j.
In an action upon of sezin and the cove
nant that the covenantor good right to the
breach may alleged IN the declaration by negauyng the
words of the covenant Rere' sed HOWE or he pianui
Miller V. The Safe Error to The iosey y u op'"ion "
PERKINS, j.
Nj recognized to appear on a certain day before
magistrate the charge OF having passed counter
felt money falling appear his gnzance was declared
folf,ed and with transcript Of his proceedings hled by
Tho usce in the Clerks office Of Circuit Court from
WHICH sc. fciaS against the bail issued He'd that
the bail might discharge himself by surrendcrnS the pIi"c-
pal in the Cicuii before final judgment on the scre
faciGS. Rerersed. lTcsER EDISON Tor plaintiff; LOCK-
HART 4 BRADLEY for defendant
Brocnlce ad1a'r IVhuedes. Appeal from the UIant
Probate &. Opinion by DEWEY j.
If Judgment decree, order wit Of error to the
Ccu cut and there remanied to the Probate
Court with instructions 10 enter certain Judgment, when
i done no appeal writ of lies from that nd sment
IN the Court Cause dismissed BRowNLEE tor the
plaintiff; MARCH for the defendant
Oreu V. Moore admr. Error to the tAyete PROBATE u
Opnion BY DEWEY, J.
If cause in which the defendant is entitled to The benefit
Of the general be certified ty justice OF the peace 10
the Probate Cout III that Court 10 Try the cause
tbou rv although the defendant fail TO appear there.
Reperssd RYMAN SrooNEa for painful; L. Is SMITH io
defend mt. -. Ct,
Fro, Ia the Grant C. L. Opinion by BLAcKFoRD,J
Bwls elected county Auditor in ieii and has continued
in office ever The compensation Tor the d>ehage Vi
h, d,i,s was reduced hy the statute of January sli
Question Whether the Auditor Tor services iehuc''u
subsequently, the last named statute could clam mve
the office was accepted it accepted SUBJECT 10 "h'
regulations the legislature might Afterwards make
it. The Constitution provides that The compensation 81 CO..
tain officers shall diminished DUNG their continuance
in office This provision II Itself sufficient t. show that
the COMPENSATION of all officers is entirely at The VIII
of the legislature. affirmed. j. Smith oT ihe plah''n
PRATT fer the defendant.
6hapmIq AID another Ufrr0od. + ro to the F"yette
c. c. Opinion by BLACKFoRD, j.
Judgment satisfied by sale OF land evied on
Judgment debtors title to land Is not dive>ted by iio-
cecdinss under Of readitioai erponaS unless there
n conveyance Of the land executed by The shcii on '
ymcnt of the purchase money
The striking oil the land t. purchasers IS not blhis
contract far conveyance. To make the contract III uch
case valid under the statute of frauds, men'Ianduih II
writing be nude Of at the time the land Is struck on
If sheriff conveys land without reeciyn! The purchase
z money, the conveyance is yoil. fDIrmed NfAAS
j SrooSER fol plaintiff; JULIAN i'l defendant
WEDNESDAY, June 3.
4 Heeiyv CHM. Enog to the Blacklord C. e. Opinion
= by PERKINS, J. -
It's error to 20 to trial. in the circuit court in case ap
pealei from Justice of the peace without an issue
In such it i IN an action OF c''ehan''
receive the general issue, evidence Of i"e oil con
f >,deraiion Rersrsed. Ira SMITH for plaintiff
9 Bouscr & Bates Scott e a. administrator Of IhomPSo'
= A,ncal non the Alien c. C. Opinion ty PrRKiN-,J
Procecdincs by landlord inst execution pianutl
l. enforce laymcnt If years tent ont oi the proceeds
the sale on Of the goods OF tenant VIII only
upon those which diiroSs might be support
# Recarscd CONES < kIEEsTED 70; appellants
Grores and another McCabe and anotter Error TO II
- Dearborn {. {. Opini N by DEWEY, j..
An avefmcn in pleading under rdelice oil an imposs'
D. day, is surpiusage
II 10 sc.rc flciaS on a Justices transcript Tor execute
AGAINST zeal estate the defendant after appearance, sui
F Judgment to % against him by mi dic no proof Is reqHr
Il the Truth Of the ayermen in the witt that The detenda