Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1846-02-14
SUPREME COURT OF INDIANA.
CASES DETERMINED AT THE NOVEMBER TERM, lS45.
Reported FIR the Indiana State Sentinel,
A.. N.
SATURDAY. Jan. 10, 1S4C.

A. N. cARSAHAN.
SATURDAY. jan. 10, 1S4G.
Barnss r. TannchM Error 10 the Lawrence Z. c.
BLAcKFoRD j.
Repevin. The writ commanded the sheriff To summon
The defendant To appear and answer the plaintiff concern
my the unlawful detention Of the plaintiffs horse. The
cause of action of the in the declaration,
was the toriIousy taking and unawiully OBTAINING The
plaintiff horse. Held on denAlrrer that count that
the variance fatal.
Plea suit action Tor unlawfuly OBTAINING The plain.
lifts horse-tbat the time. &c, viz: the 10Th of
June 1S4O the county aforesaid The horse mentioned
the declaration was taken up the defendants place
of residence i'm Indiana Creek township, said county,
and the defendant, being then and there freehoder-
that by o taking up said horse the defendant had
right detain him, and did detain him until as herein
after mentioned that afterwards, viz on the ed of
June, 1870 the county aforesaid the defendant pursu-
ant to law caused said taking up of the horse to be adver
Used three of the most public places in said township
giving the advertisement particular description Of the
horse, and the time when he taken up that after
wards viz the 25h June, 1910 and before days
had expired after advertising aforesaid, the plaintiff
brough this action of rePlevin, 10y virtue of which The
plaintiff then and there obtained possession Of the
&c, and this the plaintiff is ready TO verify whereupon
he pays Judgment &c Held, special demurrer the
plea good
The general replevin for unlawfuy OBTAINING
the plaintiffs goods is detinet, which denial of
the defendants detention of The plaintiffs property
special plea in repIevln concluded with ver,fca-
cation and a prayer of Judgment, &c Held, that the
verhcation right, and that though return might
have been prayed the plea good without such pray
! affirmed.
Morris .. The State Error to the Marion c. c. SUI.
LivAS, j.
l. defendant indicted for fraudulent voting cannot
trial prove hat statement he made the polls 10 the
Inspector and Judges of the election for the purpose Of
showing that he did not frauduIeny; nor can he
prove that he submitted the question, whether he had
light vote the Judges and that they decided that
he qualified voter.
g The decision in Munly v the State, made at this
term, relative to the defendants right to challenge Juror
perempiorly, remaining open until the Juror
is e-affrmed Judgment rerersed
Scott r. the State. Error TO the Henry C. c. affirmed
Picket o. Picket Error to the Switzerland c. G. If
6rmed
Gaieland o. the State Error to the vigo C. c. If.
J6rmed
Thompson ct al 2. Fry Appeal from the Tippccanoe
{. &. SrLLIvASJ
The admission Of a defendant that the items of an ac-
against hun out in merchants books,
be proven in suit against him the account with
introducing the books accounting for their absence
RererS6d.
Tdyior and another the State Bank Error 10 the No
bic &. &. BLACKBOARD J.
A proes, of promissory note negotiable and payable
at branch of the State Bank containing an allegation
that the notary had given notice OF the dishonor OF tho
note 10 the endorsers is legal evidence.
On. of the endorsers Of such note lived about n mile
from Fort Wayne Held, that notice OF the dishonor Of
The note addressed 10 him Mt Fort Wayne was good.
Tins D.sle, 8, Blacki Az.
In computing the time for payment of note payable
many days after date, the day OF the date excluded
and the demand of payment must he made on the third
day Of grace. Piau Eads. ] Black. 81 4Grmed
Uhue Water Canal Company q. Henderson. Error to
the Fayeue G. Z. affirmed
Same Simmonds. Do do.
SArURp,y Jan. II.
shests Peabody Error TO the Jefferson e. {.
BLAcKroRD J
decree or,rcclosurc and for sale Of land morieag
ed should order The sale be- made IN conformity with
the statute in force when the mortgage executed
Doe. Hem, Wolf, v. Heath. ct al, May term, lci4
Bronson. v Kinzc, ct nj. Howard, 81. Affirmed.
The State o. Best Ct al Error to the Jefferson L. C.
DEWEY j.
When laLros corpus issues n complaint of illegal
imprisonment the Judge who issues the writ may; II the
authority by which The prisoner detained be defective
call before hm witnesses To enquire into the g" OF The
prisoner aud command rccognzance discharge him oS
he may see proper.
The Judge before whom prisoner is brought by habeds
corpus order enable him To give ball. may exercise
ms discretion rs IN the amount of The penalty Of the
recogniznnce required by him. notwithstanding the
strae who committed the prisoner had fixed specific
The amount Of the recognizancc, Tor giving
ch the prisoner may be committed Reversed