Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1846-01-01
SUPREME COURT OF INDIANA.
CASES DETERMINED NOVEMBER TERM, lS4o
Reported for the Indiana State Sentinel,


A. NJ. cARNAHAN.
"WEDNESDAY, Dec. IL. Is45.
Dumont Us Lockwood. Error TO the Clinton c. Opin-
ion by DEWEY, J..
If declaration in tover, lay the in county, d-
erent from that in which the action is brought, il is no
dmissn action, the motion Of the defend
ant Reversed
The State on rel of Robnson Bmnsdes ct al. Error
to the Scott c {. Opinion by DEWEY, J.
Justices executions which Iecites judgment rendered
by him for lO2 dollars, interest and COSTS is valid Re-
rersei.
Girens rs BnrgOt. Error to the Jasper C. Opinion by
BLACKBOARD j.
made improvements on land owned by United States,
afterwards bought the land of the United States. took pos
session, and then promised to pay him for his improve
ments Held that under the Statute OF 1884, the promise
was binding. Affirmed.
fcDfdnus Richardson and another. Error the Law
renee c. Opinion by BLACKBOARD, J.
sctre tdc'ds against and b. was returned served
the former, and not found TO the latter Judgment by
nerug judgment against both defendants instead of against
alone clerical one, and might be corrected in the
Circuit Court even after brought
The parties in this having agreed that if the iudg
ment amendable above mentioned, in the Circuit
Court the Supreme Court might amend il; Supreme Court
make the amendment Judgment affirmed when the amend
Shel rs FerrHer. Error to the Hamilton C. Opinion
by DEwEy,J.
bind real estate that it made known justice that
Judgment debtor had land, sufficient after tia and
judgment.
Proof that the Judgment debtor in the open possession
of land claiming his own sufficient prirna face
establish his ownership of 1t.
The scire facias must aver that certified transcript or
the Justices Judgment &c. filed the clerks office,
and recorded aud such filing aud recording must be proved
if put in issue. Reversed.
Clf ct al Us Sinks Error the Henry c. Judgment
affirmed.
Lamphear rs Vinche Error to the Laporie c. 'Judg-
naent affirmed -
Mccormick Us Digby ct al Appeal from the Tippccanoe
c C. Opinion by SULLtvAN,J.
l. w being indebted to d. the of 900 dollars, de-
cited wit him
for that amounts and the time executed mortgage
upon in Lafayette the condition Of which was If
should pay when they became due, II should
default and should pay the amount to D. then the
deed was void Subsequently,, and before the notes
were paid, w and d had settlement by which it ap-
peared that had reduced the debt 100 dollars II
was then agreed the parties that BIS notes should
be surrendered to him. aud that w should execute his
notes TO ID for the due. ted that the surrender Il
Of his did discharge the mortgage but that it
manned ubSistns lien the lot for the balance due from
w to ID.
ton in previously mortgaged aud the mort
gagged property be released from the mortgage subsequently
to the Judgment he has a lien on the fee
mortgagor in possession, his gnee is accouRta
for and profits well as for waste committed
Reversed
Opinion BY SULLIVAN, }.
l. petit juror who states on being challenged, " That
he know but that he has formed opinion in the
case Gom rumor; that he thought the opinion would
readily yield the evidence the case, if 1t should die
f.om the rumor he had heard" is net incompetent.
For criminal conversation, &c, with the plantln
wife, is usual to declare in treSpass II ct arms yet a
the consequent loss Of society is The ground OF action h
plaintiff may declare in
g. In such action, the defendant will not be permitted
TO prove even mitigation of damages, that the plaintiff
of i'll temper, that he and his wife lived unbap
PLY together, and frequently came u blows, &C. Admit
ting the facts exist, they do not lessen the guilt Of tn
/ scducer.
a. 1t is province of the jury, and not Of the Court
weigh the circumstances under which witness gives hi
testimony judge whether those circumstances throw
suspicion on the credibity Of the witness OF not.
s. II case fairly tried and decided upon its merits
the the Court did not exclude testmon
imma telia point ought not 10 reverse the judgment
State u.s. Sutton Error to the Lake C. judgment At
Bear ct al rs McNay Error to the Carroll C. judy
n.ent affirmed. 90 .
state rs Wilder. Error to the Lake c. c. Opinion b
SULLIVAN, J. 90
in which decided that i not material TO the oifenc
of falling to file a of the solcmnHaon OF mar
rage &c, that marriage license should have issued cite
AMI re-anirmcd Judgment reversed cases
IVoofrug Do5binS and others. Error to the lanco
C. Opinion by BLAcKToRD, J.
Debt ON a delivery bond Plea that before breach tn
plaintiff frauiucnty agreed take other property thu
mentioned in the condition of the bond IN satisfaction oil IN
Judgment and costs that defendant both before aud alt.
The breach said condition rendered such other property
the planti that after the breach the latter refused
receive such other property. -,
Icif the plea, showing the agreement 10 take N
Other property to be under seal, wa bad.
The above named plea, is not plea OF accord and sa
faction property aglecd 10 be taken, not having bee
4 received by the plaintiff
raro agreement dispensing with the Performance Of
sealed agreement bar to suit on the sealed agree
ment. Reversed
Nicholson Us Poison Ell al Error 10 the Dubois Z. 4
6rmed.
Kndte AZ a. IS state (on rel &c Error 10 the Ma
/ ison G {. Opinion by StLLivAN, j.
n l. Debt county treasurer bond. Breaches asSen
in the declaration st that (he tteasure) did not mai
with county auditor the second Monday
d Januaty Is43 required by law ID that he did not VI
over 10 the Of State the 4h Monday oi Jan
,ry Sl3 the State revenue, sc. Pleas to the breach'
st not guilty. 81, Performance OF the conditions oil
s. bond Held that the pleas were bad on general demu're
tho l,t because the presented CERTAIN issu
and the I'd because did not respond to the breaches
e, signed ,.o. 49,. ;, ,;r,o or,,, :,
laws for the collection and payment OF the public revcn'
as the uubIc convenience requires aud ii the Les>atu
cnac such after the county treasurer has entered IL
bond the condition of which that he will discharge has
tics according TO % he bound TO observe and OBEY su
modification or change of the law the times Of s.
OIL payment, &c does not release tne "o
or validate the bond. Affirmed 49, -
Il Nc,rSouse and another Us Hin. Error to the Allen
es Opininu by BLACKBOARD, J. , :,
hin in chancery filed by the holder of title-bond
in oses;on of the premises cnjoin action Of ecctm
brought IN 1912 by the oblgor must snow ha' inc GO
n,inant has demanded possession. And tthe bond be
conditioned for making title payment oil the purch
al money the bill must also show tat all the purchase III
NC cy had bcen paid. ,,,;,, rd tho
for e,wa,d, obtained the legal title TO the premises IL
" tho obloor and gave up the bond TO him. hed mat
Is filed by the motagor set aside that tianacoh CO
mar no sustained il being injury 10 the complainant
A PRAYER in such bill, that the mortgage be decfeed
Il, file bin of foreclosure against the morts'sor Is mere
n pluSagc. Reversed r r r
he. Zggieston rs Shee'S' r'io' ~ '"' ~
n, frrned ~. ~
"' TAe SAFE rs Se6ring. Error to the Ripley I I.
rerssd
he LAWS OF INDIANA.
Ter
IN ACT regulating the jurisdiction Of the Justices q