Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-08-20
SUPREME COURT OF INDIANA.
Cases determined al The July Term, 1916.
REPORTED FOR THE SENTINEL BY A. N cARSAHAN.
MONDAY, July 20. 1876.

a. NJ
MONDAY. July 20. 1876.
John b. Niles Board Of Sinking Fund Com # Indiana
| Error TO Marion c. C.. Opinion by PERKINs,J
TIE Commissioners Of the Sinking Fund cannot charge
compound when there agreement that effect
As general rule compound interest is not allowed unless
there agreement pay after the simple interest
become due aud in consideration Of its obearance Rrer
ed Bradley Niles and Osborn for plaintiff; Morrison and
Major for defend nj.
Franklin Thwson and others. Appeal from the Floyd
| c. c. Opinion by DEWEY, j.
decree Of foreclosure and for sale Of the morgaged
premises should order the sale TO be made in conformity with
the in force when The mortgage executed Re
rsrsed Crawf,rd for the plaintiff.
Kent The State. Error to the Shelby C. c. Opinion BY
PERKINS, :.
requiring the filing Of marriage certificates
in three months and annexng penalty Of five dSiIars
month for delay aerward inc be assessed till the
expiration Of full month after months Reversed
Morrison aud Major for plaintiffs Hammond and Bradley for
the State.
Gray C. Bald,cin. Error to the Steuben C. C. Opinion
| by PERKrss,J.
mortgage may have an injunction against mortgagor TO
stay vase before the mortgage is due.
On motion to dissolve an injunction improperly granted
the bill should not be dismissed account Of improper grant,
ing Of the injunction. Reversed. Howe for plaintiff;
Coombs for defendant
Marshall ct u the State Appeal from the Perry C.
county officer appointed BY the Board Of County
msoners and who gives bond to the State for the perform
ance duties Of board OF County Com
required by statute such bond is unauthorized
and void Recessed Morrison and Major Tor plaintiff Ham,
mond and LockhaIt for the State
Halter eli al e. Pine. TO the Martin C. c. Opinion
When an action has been brought for the disturbance Of
certain right and verdict obtained for the plaintiff under
the general ISSUE and another action, between the same
parties subsequent disturbance Of the tight
commented the general issue pleaded the first recovery
though strong evidence TO sustain the plaintiffs right in The
second cause conclusive upon the defendant but
| be rebutied by other evidence.
IL persons mill is injured by he obstruction of the
stream which stands, suit is brought for the injury
the plaintiffs mill dam is public nuisance is defence
action. Reversed Watts for the plaintiff; G. g. Dunn
i and Livingston for the defendants.
Dormce aud Others Cogiy. Error 10 the Union C. c.
Opinion by BLACKBOARD j.
Plea in bar Of witt Of that a, one Of the Plaintiff
in error exhibited his petition for the benefit Of the bankrupt
discharged from his previously contracted debts
Held That the plea bad for this other that
judgment removed by the writ Of rendered
after A declared bankrupt affirmed Sleeth aud
Test for plaintiff; Newman for defendant
Taylor and Others SIfOrd and others Error 10 the
EkhaIt c. c. Opinion by DEWEY, j.
entry OF repevn bail after judgment has ceased
be epevable by the statute has not he effect Of Judgment
and cannot be the foundation Of an execution Affirmed
Jacgan for the plaintiffs Wick and Barbour f" the defend
ant
Young r. Gotta Error to the Washington Probate Court
Opinion By PERKINS, j.
An administrator de bonis cannot sue at law or in
equity administrator of the deceased execu
tor administrator for derasavu of such decedent The
remedy in such case IS by the creditors distributes &C.
under the Reversed j. H. Thompson for plaintiff
Shd,C ct al U. Hoddey Error to the TiPpecanOe c. G.
Opinion by PERKINS, j.
redemption in the moltgaged premises 10 third person.
assumes Of the mortgage debt morgasor need
defendant a f0TeclOSe
The proceeds Of the sale of equity of redemption goes
heirs and administrators. Reversed part Affirmed
part Petit and Huff for plaintiffs Mace for defendant
Herald Harper ct al. 1.-TWO cases Error to the Knox
c. c. Opinion by DEWEY, j.
One of several joint administrators is competent perform
/ the duties of admlnSta toT
A and the administrators of d E and who were
partners trade the death of d. and of the
administrators on one sde aud in his individual capacity
the other settle the partnership accounts and find
the estate of certain for which executes his
to and as administrators. Held, That the was
founded good consideration Reversed WhcOmb and
Law for plaintiff; Judah for defendants.
Stephenson HerOd Error the Davies c. c. Opinion
By DEWEY, J.
If action of assun2sit with promissory
note for not exceeding fifty dollars and
tnstne eopudset Tor me same amount De commenced IN
the Circuit Court and after nterocutoIy judgment by de-
fault against the defendant, the plaintiff pros. the
second count the judgment should be for the plaintiff
amount Of The note and for the defendant for RererSd
Watts for plaintiff; Terry for defendant.
Robbins Robbins Error to the Paike c. C. Opinion by
| DEWEY, j.
The widow of against whom judgments existed at
the time Of marriage entitled to dover, subject the
plaintiff; Bryant aud Roache FOR defendant.
The State Taylor. Error to the Fayette c. C. Opinion
by PERKINS J.
An unnatualized foreigner may competent juror in
this State. Reversed. Julian for the State.
The State e. Watson. ErrOr to the Parke C. c. Opinion
w. recognized appear the Circuit to
swer Indictment and not depart without leave and
abide the judgment Of the Court lie appeared; was tried
fined, and judgment passed against him. He did APP
pear to pay repevy the Judgment Held his recugni-
zance forfeited Reversed. Wright and Maxwell for
plaintiff, Bryant and Roache for defendants.
G0Odtuie er dem Of Cook CUnmins. Error the No
bic C. c. Opinion by BLAcKFORD J.
Parol evidence TO mistake in a sheTs return OF
an execution, TO the day of the sale, is admissible.
purchase for valuable consideration is affected
the notice OF his glanOr. Reversed Howe for plaintiff,
ColeIick and COMBS for defendant.
MdTkle and others RdPps heirs. Error the
C.. Opinion by BLACKBOARD J.
The defendants in plead the statute OF limitations in
bar Of the writ Of Replication, that the plaintiff,
error ought not be barred &c. because at the time of the
rendition Of The Decree certain Of the heirs infants
Held that under the statute Of limitations Of 1885, which
governs this the replication bad does
show that all the plaintiffs authorized
writ of error.
Judgment, that the plaintiffs in barred Of their
wits of Kinny, Bryant, Fletcher and Butler for
plaintiffs, o. ii. Smith and Harrington, foI defendants
Brush ct a. .. Bab6ett. Error 10 the franklin c. C..
Opinion by BLACKBOARD ].
Same in the above. Johnson for plaintiffs, Ho-
land for def ndants.
Shannon and others Dunn and Others Error 10 the
\ Jefferson c. c. Opinion by BLAcKFoRDJ j.
Same above. Stevens and Blight for plaintiff Marshall
for defendants.
4 COquiilard ct a. y. Suydam. PERKINS ]. absent
4 Per CHTiGm. Motion To docket fee The motion
must be granted. The Of 1916 Ieviyes the Of
1 lS4l, giving docket fees in Gel tain cases.
In the ninth judicial circuit, except the counties Of Elk
hart Kosciu and MARSHALL half of the docket fee
the use Of common schools Laws Of 1916, Ga.
LINsEED AND FLAxsEED.- Mr.. Webster, in his
speech in the Senate attempts to throw ridcule on
the Secretary of the Treasury because nsced is placed
in the 10 per cent. schedule, and faxseed in the 20
per cent The misfortune is that the charge rests on
betfer than other Stafaucnts m, 10