Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-07-16
SUPREME COURT or INDIANA.
Cases determised at fhe jane Term, 1916.
REPoRrEp FOR THE SENTINEL BY A. n cARSAHAN.


Meyers Nance ct al Error TO HanisOn c. c. Affirmed
Ahdds'Oa the St4e. Error to Noble C. C. AFirmed
Daily v Patterson ct III. EirVI to Franklin {. c. If
McDOrceI v. Butler ct al. Error 10 FIankln C. C. If
frSsef
Dubois ct al " TayIor Appeal from Alien C. C. ST
frBed.
Williams V. Bla,r. Error to Decatur C C As5med.
Miiis0n '. FIOry. Error 10 Cas- {. e. dfHDssd.
TUr.D,r, June 30
Benedict . Priest Error to Hanissn Z. C. Reversed
state v. HdH. Error TO Tippce.noe c. {. A1,med.
johnson Johnson Enor TO Putnam c. c. Affirmed.
ByOOkriHe Insurance Company R'tty. Error Wayne
c. C. RereTsed.
THURSDAY, July 2.
Vest '. Walker ct al In Ch,ncery. Dismissed.
High ct al Y. Parker ct al. Error wanen c. c. Re
Hutchinson v Douglass En.r to Clinton c c. Aefmea
adIey v Doe eT drm Strange. Appeal from Hendricks
Wdliits Cra5se Error to KO.ciusko c. Alarmed.
Robins e al '. Vaadever. Error iyieEsFhesc. { If
Jackson '. Dennis Error to Dearborn CT Adraed
Aeams v The STATE. Error TO Dubois c. 6. affirmed.
MeCdmP6eH ct al " ToZSLcT. Appeal hom Pske {. c. q
cuirer ct al. v cr!6fa EirortO Clark C, c. Assu@s4.
While Wafer Valley Canal Company v. Bodea. Appeal
from the Franklin c. T. Opinion 10y PERKINs J.
The Charter of the White Water VallcysCaqstis public
If suit commenced before jus ice Of the peace for
breach Of the bylaws of the cOrPOran if reference be
made in the declaration TO the bylaws aud copy Of them
filed with il, il is sufficient.
When of action arises in tort though action
be form debt the jurisdiction Of justices of the peace IS
limited to fifty dollars. affirmed
IIoLLAND for Appellant RYMAN SLEETn for Appellee.
Gambia " Houce Error to Allen C. c. Opinion by PER-
KISs J..
When judgment is confessed by virtue Of warrant Of
attorney declaration being fled the ground of the liza
in the power Of attorney with the same certainty required
in declaration.
The must also show that the execution of the
power Of attorney was duly proved RereTsed BIacken-
ridge.
TeagEe " De5oy. Error to Randolph C. C. Opinion by
In tTanstory action against single defendant the
suit may be brought in county where process be
served.
II after plea the jurisdiction of the Court the defend
ant pleads 10 the action, he ovenues the former plea
the painful SANDER prove ha. the words ad 70 The
action and repeated afterwards it doe not eptle the de-
PENDANT to prove the truth of the words.
In Islander Tor charging the plaintiff with stealing horse,
the defendant cannOi under The general issue prove in mil
cation Of the damages, that the plaintiff originated report
stolen horse
In SANDER under The general ISSUE the usual practice is
to close 1he testimony with the Iebung evidence Of the
have some special cause
IL not error on the circuit court to refuse 70 gran, new
for charging The plaintiff with stealing horse is five hun
died dollars. affirmed.
JERE Smrrn plaintiff o. II. Saith and SAMPLE for
defendant.
Conuel v. CaypOOl. Eor to Fayetie C. C. Opinion by
DEWEY J.
rule of equity that remedies are mutual that when
one party seek relief in equity the other has The same
tight; the vendor Therefore may sustain bill for the pull
cheese money Of land.
If the vendor and vendee ag.ee that the land sold fits
quantity being known shall be surveyed by particular
person. aud that person accordingly surveys it. and calculates
its quantity certain number of and the veBdee
questions of the the burden Of proof
lies on him.
II the bill in equity Irrelevant natter
and
If the answer acge tender and that the money was
brought into court when in fact money brought into
court to strike out Of tn. answer the allegation
Of tender. sEs
If fact be alleged by bill aud not denied by the
swer il must be taken TO be true
If the vendee promises 10 pay the stipulated price Of tho
land At specified me and take possession Of the land and
do show readiness pay the money VIXEN due, he
liable for interest stipulated for the
If the vendor Of land tender deed according his
contract executed by himself and his wife, and ackBow
edged by the wife in valid at the time OF tender,
he entitled bring his hill for the purchase But
if previous the decree deed not being deliveIed the
form of the acknowledgment by the wife is changed by
Statute should be- that the vendor execute and
deveTt6 vendee,a deed duly executed and acknow
edsed by himself and wife, and that the vendee at The sane
time pay the purchase money.
The Supreme Court authorized modify decree Of
the Circuit Court without an entire reversal OF II.
Decree for cOmpanant.
TEST for plaintiff in enOr, NEwMAE and PARKER for de-
PENDANT in
The STATE er rel Of HTOd Pigeon. Error from Bar
tholomew c. c. Opinion by BLAcKroRDJ
plea alleging that County Treasurer is insane and in
capable of performing the duties Of his Office without aver
ing that the disease ncuabe is not sufficient TO authorize
the Board of County Commissioners TO make permanent
appointment Of a successor.
AIeplcaOn aveng the entire recovery OF such Trea-
(before the suit nstuted) from temporary insan
ity good TO plea alleging insanity aud inca
pacity 10 perform the duties Of his office Reversed
HAMMOND and BRADLEY for plaintiff, BRIGHT and BAR
for Dc PENDANT
Scott & wise v. Herald. Encr Knox C. C. Opinion
BY BLAcKFoRD J.
plaintiff certain counts in the decla
judgments described in those
counts are pending II those judgments are affirmed, The
plaintiff may introduce them evidence the trial, but
I otherwise If reversed. RererSed
LAW and WHITcoMB for plaintiffs.
Cor ct a. v Morrotr a. Error TO Rush c. C. Reversed
Feafol " Austin. Error TO Clark C. Z. Reversed.
Thomas " De Of Mutual Appeal from fayette
c. C.. affirmed.
ALerander v Peek. Error 10 Jasper c. c. affirmed
Robinson ct al v. The State Bank Il IdtGHd. Appeal
from Lapore C. Z. 1Grmed
Peek v Fletcher Error TO the Nation C. C. Affirmed
Married,
On Wednesday last Sh instant, by Rev. Mr.. koontZ,