Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-07-02
SUPREME COURT OF INDIANA.
Cases determined at the June Term, 1916.
IMPORTED FOR SENTINEL BY A. NJ. cARSAHAs.

Cases determined at the June Term, 1916.
| THE SENTINEL BIZ A. NJ cARSAHAN
TuE>DAY, June %, 1916.
Elliot Y. Adams Error TO the Dearborn c. c. Opinion
| by PERKINsJ J.
When defendant shown cause in answer to a rule in
the Circuit Court to shaw against award and failed
he cannot have re- hearing in equity.
An award 10 such takes place Of the of
jury and will rot be set aside when trial
be granted 16irmed
Ward '. the Sate. Error to the Tippecanoe C. c. opn-
When indictment for murder charges that it was CON-
mted By shooting musket which the defendant he'd in
both hands, It is not necessary the word his should be
inserted tefOe the word hands. to make the indictment
good.
trial for murder after prosecutor closed his EVIL
dence, is in the discretion Of Circuit Court whether
they will compel him to call additional witnesses.
An affidavit Of juror showing the grounds which the
verdict placed will not be received
The substance Of the dying declarations of bin whose life
was taken, may be given in, and trial Of the murderer.
cOhee Copper. Appeal from Carroll c. c. Opinion
! by PERKINS, j.
To constitute good plea of uSuy it must aver that the
alleged usurou| agreement was eo'ruptiy made.
general plea Of usuy fiaud is good upon general
demurrer. Fraud and u>ury may both be given evidence
under the general issue 10 dssuPsf, and ii will be umed
il they existed they given upon that
ISSUE and Of the therefore in sustaining
10 pleas alleging those matters will reverse the
judgment for the plaintiff trial the general issue
Affirmed RIDDLE for the plaintiff; PRATT the defendant
Haat v. Gregg. Appeal from the Dearborn c. c. Opin-
If execution plaintiff become purchaser Of land at
sherif's SALE at Pice exceeding
cuton and refuse to pay the purchase money the sheriff
may the by motion with per
ges thereon
Property seized execution issued 1892 on udg-
men rendered In lS4 on contract the date Of which does
correctly valued under the spprasemen
/ sherrs notice OF intended motion against pur-
chaser at sheTis sale TO the purchase money
stands in the place Of declaration state that
the purchasers contract for the property bid off BY HIN
In W
Of land well goods auction are within the
statute The auctioneer generally the agent Of
both parties the SALE aud the by the name
of the purchaser Immediately receiving the bid and the
fall of the hammer memorandum Of sale containing the
terms of the contract is the sigRing of ia whiting
under the statute, and binds the purchaser. :.
So memorandum Of the sale stating with certainty
terms and conditions Of the contact aud signed blythe aug
oneer with his is suicieOt to bind both paies.
Sales of land by sheriff execution also within the
Of frauds, and the shers of execution
stating fully the terms Of the contract made Immediately
on striking off the property may be viewed as the memo-
randum Of aucIionce and bind the purchaser under
statute but subsequently maze cannot nave that
effect Reversed J. I. Brown for the appellants; RYMAS
and SPooNER for appellee.
Boyd '. Byrd Error to the Wayne c. C. Opinion by
DEWEY, J.
father maintain action for the seduction of his
unmarried daughter under years of age though
at the time of her seduction she had left her father with his
consent with no intention to return and though she had his
license appropriate her tune and services her
affirmed. TEsr for plaintiff; NEWMAN for defendant.
PitSer Harznor Appeal from the Boone c. c. 0pin-
ion by DEwEY,J
surety who has discharged the debt of his principal BY
giving his own individual security which been paid
pal Reversed Wick and BARBOUR for appellant II. and
H. BRowN for appellee.
Cdd,ceH and Others Shelter. Appeal om the Warren
c. c. Opinion by BLACKBOARD.
Of real under execution must be governed
by the in force when the made. Reversed
CHANDLER for the appellants; JOINER Tor the appellee.
Hines v. Kiuneson and another Error TO the VeImilon
C. c. Opinion by BLACKBOARD, J.
count tIespasscannot, unless authorized by statute
be iOnPd with in trover.
II The statute r. s. Of 1913 69l only renders it mma
erial whether the action be named trPdss ;h
writ. Reversed for plaintiff; BRIER for the
J PENDANTS.
Mrquiss " Rogers Administrator Error to the AlIer
a c. c. Opinion by BLACKBOARD, j.
Action Of debt pomssory notes given by the defend
ants ntestate Pleas I. No consideration. 3 No good
Of the deceased in the defendants hands
istTduh. A. Failure of consideration. Replication to th
Isl and 4Ih pleas, that the notes given suicien
consideration nuy far it relates to the 4h plea
The Affirmation Of the issues the I'd and 80 pleas
: on the plaintiff.
The court instructed the jury that If they found that thu
were paid verdict should the defendant
Held instruction wrong The defendant
not under the issues prove payment Of the Reversed
BRAcxENRDGE for the plaintiffs CoLERcK and COOPER 10
! Huribut v Grimes. Error 10 the Wayne C. c. Affirmed
LiHiev. the State. Error to the Wayne C. C. affirmed
e Affirmed
Mcmillan " Chase Appeal from the Cas- C. c. Affirmed
Ire ct al v. Lee. Error to the Grant c. c. Affirmed.
Jones LitIe. Error To the Allen C. C. Affirmed.
Hobbs ct al. " Kent ct al Error s the Steuten c.
, Affirmed
o Datuson " Smith Error to the Warren C. c. affirmed
Potf0ge Bird Appeal from the MaIion C. c. AfrmeC
4 THURSDAY, June 25
Crane Palmer. Error to the Jefferson C. C. Oplno
by Perkins,.
The widows right of dover under the of 1885
giving dover in the equitable estate of her husband
subordinate to the vendors lien for unpaid purchase
n affirmed LYLE for the plaintiff; BRIGHT for the defendant
Hutchens Smith Error to the Randolph C. c. oPino
by DEWEY ].
If action of debt be commenced in Circuit Cour
the declaration containing for demand Of
than fifty dollars which really due the plaintiff and
Their which the plaintiff offers evidence undo
the general ISSUE the plaintiff is entitled judgment 70
the debt demanded by the first but the defendant
I entitled 10 a judgment for the costs of the suit.
Judgment which gives costs to the plaintiff the frs
count is reyeTed-the affirmed. PERRY for plaintiff
J. SMITH for defendant
Hill .. Wilson. Error to the Grant C. c. Opinion b,
BLACKBOARD J.
Grim take place between the parties without
: ducon.
. If seduction proved the damages should not b,
& BRowNLEE plaintiff JERE. for defendant.
Carpenter U. CTRS ct al Appeal Vanderburgh c. c
Affirmed.
: Affirmed
: Neise ct at. D. Lerinney. Error to the Allen C. {
. Affirmed
a Affirmed
r IIutchens Smith Error to the Grant C. C. Affirmed.
: Il. &. Dunning,
"A Candidate fur Lieutenant GOpernor
Will fellow leading question