Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-11-26
SUPREME COURT OF INDIANA.
Cases determined al the .xousmDr Term, 1916.

Cases determined al the November Term, 1916.
REPORTED SENTINEL A n. cARsAHAS.
Court met Monday Nov. 23i. Present. Hons J. BLACK
FORD, c. DEWEY, and s. +. PERKINS.
Attorneys in ATTENDANCE the opening Of the Court o.
H. Smith. S. c. Wilson, w. II. COMBS. w. w. Wick. d.
Mace, s. Majm, r. Jones' s. Yaades W. Quarles L. Bar
bOur, A. Davidson, H. Brown, H. O'Nell, A. A. Hammond
j. H. Badey, J. S. Harvey, A. Stevens, l. II. Kiersled
j. T. Morrison, w. B. Greer. and o. Butler
LieR and LRtell o. Bradford Error to the Gteen c. c.
Opinion by PERKINS !.
The date Of an appeal bond no material par, Of IL The
day Of It's execution may be shown BY paTc The fling Of
II in the clerks Office shows it then executed The
insulating does not in any wise vitiate it,
The hing Of an appeal bond is sufficient prayer Of
peal The magt ate need not thelee recite the trans
cipt that appeal prayed Rererssd Iarles fol
the plaintiffs, Heserfor the drfendants
Sngiy Q. KrkPafffc Error the TippecanOe c. c.
PERKINS !.
An action Of debt brought upon joint and general
promissory note against three persons Judgment was
rendered favor Of the defendants the ground that as TO
ofe Of them, The note was void
The plaintiff then brought his against the
Vther defendants The first suit against whom the note was
valid. lie plead in bar the former recovery Held tn
the judgment in the hrst actiOu bar to the
Reversed
ngraham and Jones fog the plaintiff Mace aud Crane for
the defendant
Carr Luz and another Adnr Error to the Clark C. C.
0piuion by DEWEY J.
The grauilous giving Of time, by the CREDITOR to ,.e
principal debtor does discharge surety although the
surrey verbally Notified the creditor while piinc
pal was solvent, and although he afterwards became nso
vent
Time given the principal by parOl contract to pay
sPeoiay-debt does not discharge the surety Reversed
Marshal for the plaintiff =.
COmey and We Hendricks Error to the Jefferson C.
C. DEWEY. --i
II bill in equity be brought against husband and wie
aud the husband only and confess the BILL and de-
be theFeuPon rendered without evidence again
both defendants, the decree the wife,
In sui 10 equity against husband and wife, the regular
Of practice Is for the wife
her husband but her admissions made ia
evidence against her. 49,
III eofla Of
he had previously conveyed third by deed duly
acknowledged and recorded such Ihd need
jJned in bill Of foreclosure the mortgage Reversed
Blight for The plaintiff, Wallace f,r the defendant.
Carter Berkshire. Error TO the Henry C. c. BLACK
FoRDJ.
This action Of debt commenced by A. against +.
b. and Z. c. founded a by
served on c. and returned "Dot found" F. d.
The plaintiff moved 10 set aside one Of the Cs pleas
and as his surety; that the plaintiff owed certain
sum for goods sold and delivered, &C. The motion
ruled, and judgment for the plaintiff.
To support this suit against and C, the plaintiff must
have Of action against botb though alone
served with process The defendant could eff
debt due alone from the plaintiff The only debt that
be set of such action, debt due from the plain
tiff 10 the defendants jointly.
Judgment must be rendered against the plaintiff for costs
in the circuit il he DIES
five dollars than judgment obtained befOe Justice
Of the Peace and appea led from r. s. lS43 D. S92 Affirm
ed Test for the plaintiff Parker for the defendant.
Jackson aud another PHOrd. Appeal from the Mad
isou C. e. BLACKBOARD.
The plaintiff has right to challenge juror any time
before such juror is sworn.
The party whom the affirmative proof lies is entitled
to begin, where there several issues and Of
plaintiff, to begin Affirmed March for the
appellant, Kilgore for the appellee.
TUESDAY Nov "a
Lawyers in attendance since yesterday Morrison w
Wight DumOnt, NJ B. Taylor j. Davis, A. G. Porter, and
/ s. judah.
| STATE T. Rust Error 10 the Boone c. c. PERKrssJ
Ii is necessary Indictment that offence should
appear have been committed in the time limited by stat
ute for its prosecution. affirmed. Bradley and Hammond
Letter . Hunt. Error 10 the Jasper C. C. PERKINS J.
Under the plea Of the general issue the claim Of the plain
tiff be proved by his the defendants evidence
or he Is not entitled TO Judgment
In assumps the bankruptcy of the plaintiff may be Civ
evidence in bar Of his suit for debt existing prior
has being declared bankrupt Reversed. Bdde for the
plaintiff
AIilnes VaahOrn. Error Steuben C. C. DEWEY
single count, making desirable demand may be GOOD
in pait, and bad in part. When this is the demurrer
to the whole count will not be, the plaintiff is entitled to
for much we'll demanded Reversed Howe
for the plaintiff Coombs for the defendant
Ednonds Pdskins Error to the Johnson C. DEWEY
In actions Of debt assumpst aud covenant commenced il
the circuit court the plaintiff establish by parO primo
dcie demand of than fifty dollars, he
If he establish only that less the defendant
Morrison and Major for the plaintiff Quares for the
PENDANT.
SariOn the Stale Error to the vcrmiliOn C. C. BLACK
FORD J.
In this case scre acias alleged an indictment
been against tie defendant beOw and A, aid the recOr
showed against the defendant and and
The scire fdcdS also alleged certain default to have
CURED The part Of the defendant the 18th of Septem
be S43 record showed that the entry Of the default
made the l4th the day following Held, that The
varances material TO the merit aud could pre-
JUDGE the defendant in his defence.
The sere deiGs therefore, might have been amended
the by of the court, make agree will
the records r. 5. lSi3, p. 75.
That being the case judgment cannot be reversed be-
variances disTegaded by the circuit
The Supreme Court is bound to make the amendments
consider them made, r. s. lSi3 p. 63S. affirmed.
Wright and Maxwell for the PLAINTIFF Hammond for tbs
State.
Ufsr6ugh o. the State Error 10 the Johnson c. C. BLAcK
FORD ],
An objection account of misnomer should be iaker
by plea in abatement. -
The statute r. 99i authorizing defendant 10 plead thu
general issue evidence and matter
defence means matter in bar Of the prosecution, mer
matter in abatement.
defendant by pleading guilty admits his to b
that by which designated in Indictment and he viii
be estopped by admission from afterwards denying tina
10 be his affirmed.
H. ard H. Brown for the plaintiff, Hammond for the de
fendant
REMOVAL.
Doctor Sanders
uHAS residence Meridian stree