Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-12-03
SUPREME COURT OF INDIANA.

REPORTED FoR THE SENTINEL M A cARSAHAN-
WEDNESDAY Nov 25.
Attorneys arrived and in attendance since yesterday r.
Lockwood d. D. Prau, R. c. Gregory, G. s. orth S. A.
HUFF F. NJ Finch, J. d. Glass, Bead and J. B. Howe.
Bolceh Admr. &c. Jackson Admr &c. Error The Tip
pecanoe c. {. PERKINS j.
The vendor Of land liable action for failure
convey after payment OF the purchase money unless deed
has been demanded unless facts exist exeusns such de-
mand.
Want Of title is sufficient excuse vendee for
demanding deed before commencing his action Reversed.
Petit and Huff for the plaintiffs.
Mills 4. Carter ct al Error TO the Fountain Probate
Court. PERKINS J.
The widow OF deceased husband has the first right Of
administration his estates and if administration be grant
ed any other within thirty days from her husbands death
without REIMBURSEMENT Of right being procured the
giant vOidab aud should be revoked the application
Of the widow, the next succeeding term Of the Probate
Court Reversed.
La~sOn the plaintiff. Mallory for the defendants.
! BloOmhuf the State Appeal from the Allen c. c.
DEWEY.
ened and dOrdery OOm and suffering, Tor lucrc disorder
~ persons and remain therein by day and night,
drinking, ppling, cursng swearing, quauelng, making
great noises rolling Of bowls game called ten pins" is
public offence and ndietable.
II on an indictment for nuisance against persons
jury find guilty and say nothing of the other two,
Judgment on the verdict against the one convicted not e-
ioneouS.
conviction Indictment charging nuisance in the
language above quoted does authorize the circuit court
TO oder the "bsll alley" 10 be abaied.
Judgment imposing and affirmed The order for
removing the ball alley rereseG cOOmbs for the sPPelee
Hammond for the State
LOrjOy and another .. Bright Error to the Decatur C.
C. DEWEY j.
/ An instrument Of writing under seal, vslis
epevin bond for the stay Of execution, and cannot be the
foundation of execution, under the statute Of 1885,
msTecta the condition of delivery bond be
by declaration bond il
means what its language does not import. Reversed.
G. III Dunn for the plaintiff r. and SpoOner for the
defendant
Carter o. the State Error to the Ekhart c. C. BLACK
FoRDJ.
road Of an underlined width is void. Reversed
yemegan for the plaintiff, FarnswOrth for the State
Smfh Smith and another Error to the TPpecanoe c.
c. BLAcKFoRD J.
contract for Tie sale and deuey Of goods for the price
OF fifty dollars and must be valid under the statute
Of frauds, be signed by the party sued his authorized
agent; but it need have the signature OF the plaintiff
10 suit such contract by the veDdee for the monde
livery Of the goods which TO be delivered at certain
time, declaration plaintiff al
ways ready and willing, from the time of the contract until
the delivery receive and pay for goods
on the delivery thereof Affirmed.
Mace and Crane for the plaintiff Bracket and Gregory for
the defendant.
This being the day recommended by the Governor
of general Thanksgiving, there opinions delv
cred
Nov 81
+ State Hunter. Error to the Bartholomew C. C. PER-
KIEs ].
In indictment against for falling to call,
within the time prescribed by law resident Of his
county for list of taxable property, il not necessary to
that the person called had taxable property it
the duty Of the call without regard that
fact Otherwise in indictment for failing TO list property,
Query: whether such indictment necessary
specify the particular items OF property omitted 10 be listed.
An indictment founded on two statutes should conclude
"cOntrary the form of the s'autes using the plural
stead of the singular of that term Affirmed.
Hammond for the State, Morrison and H. H. Barbour for
t defendant.
The State WfmPle Error to the Jennings C. c. Per-
r KTSs J.
In indictment for assault and battery the words lats
the defendants damage not material 10 its validity Re
versed Hammond and Bradley for the State.
c., DEWEY J.
In bill for divorce and smony by the wife against her
husband the husband produced witness whose competency
Of laod to him alleged might be by
the wife il she obtained aOny and the deed made 10
defraud her. Held that the witness competent.
land owned by her husband during cOVerur but which he
had aened before the passage of the act Of SA on the
On tiaI of bill for divorce, adultery being the
alleged, the complainant may establish the cence
though he knew OF its existence
brought; and the defendant may prove in
defence. Reversed Wilson and Lane for the plaintiff Gre
CORY for the defendant
Barber Lyon. Error the Allen C. c. DEWEY J.
party who has derived benefit from partial
performance OF Of the other party ia gen.
eal resnd the contract and action for money
which he may have paid upon It
But if both parties agree put end to contract and
one Of the parties have advanced money goods upon he
may miintain action for such money or goods.
party contract agree TO transport goods for the
other party and recover part OF his pay in advance, and
afterwards partially perform his contract and receive pay
full FOR the part performed independently Of the advanced
payment; and the other party bring action for the ad
vanced payment jury authorized consider
tract give verdict for the advanced
ment
Objections dispositions must be made before going into
trial Of cause il the which the objection is
found known before the trial. affirmed. BIacken>
ridge for the plaintiff, Bigger for the defendant
Sm,h and others Avery and others Error 10 the La
r porte c. c. BLACKBOARD j.
The object Of entitled Gan act concerning
holding over" give landlords and those claiming
under them summary and expeditions remedy TO get their
tenants Of possession who hold after their right 10
:. remain had expired.
When the relation of landlord and tenant exists
the parties the being unable dispute the title OF
his Landlord, render the summary jurisdiction al
I lowed TO Justices Of the Peace, proper.
But any where the defendant may dispute the title
the plaintiff where present case the tenant
against heirs Of deceased husband claimed under
lease from the widow the Justices have jurisdiction
Reversed j. B. Niles for The plaintiffs John H. and James
Bradley for the defendants
Where husband and wife sued jointly, the husband
dies and the suit is continued against the wife, her scmis
made during the covertule admissible as evidence
r against her. Reversed Breckenridge for the planhn
I MARRiED, On Tuesday, the 25th inst, by the Rev.
S. T. 'GILLErT, Mr.. PLEASANT WILLIAMS. of Nobles-
vile, to Mrs. NANCY ANN DUNBAR, of this CITY,
Mr. Williams took his bride forthwith to his residence
e in the village of of Noblesville.
; GA generous slice of cake accompanied the
above and in return all the bhoys present their con-
gratuatons to the happy pair, with ervent aspirations
FIR 9N.~rR tint nrEn 10