Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-12-10
SUPREME COURT OF INDIANA.
Cases determined at The .Norember Term, 1916.
REPORTED SENTINEL A cARSAHAse
TuESpAy, Dec LIST, 1886.

REPORTED FOR THE SENTINEL BY A cARNAHANE
TuESDAY, Dec LIST, 1886.
Conner st al o. Haukias Error 10 the TipPeeanOe C. c.
pIea in cbancery should be di eet and positive II
plea held good argument reply it should be
mit,ed and The defendant required pove his plea.
Under Sec ssi. $50 Of the R Of ls4s. heirs may e
bill administrator for settlement and distribution
ReUssei Ingram aud Jones for the PLAINTIFFS Orb for the
defendant
A mistake in written instrument, cannot be shown by
parol evidence and corrected in a suit at law
IL il general rule that tenant cannot dispute bis land
lords title But this rule does apply where the contract
under which the the holds procured by the fraud
Of The andloId. Reversed Ryman and Dumont for the
plaintiff. e ll
Strange another D. Loace Others. Error 10 the
Hendricks c. C.. DEWEY, J..
In an action on delivery bond the declaration
Judgment aud execution which the bond Is founded
Reversed Nave for the rAini Bradley and Harvey for
Castsel Casise Error to the Fountain c. C. DEwEY.J
II the husband has expressly implicitly made his wife
the scope Of her authority admissible evidence against
him and whether she Il his agent express implied
ihorily is question for the jury.
husband entely abandon his wife and young children,
leaving them other Of support than the cultivation
Of small farm which he resided the jury have right to
infer from facts that he authorized his vile 10 employ
labor fou the cultivation of the farm his responsibility
The instruction Of the the jury if the verdict be
right is for reversing the judgment affirmed D.
$. A Bier for the plaintiff; Lawson and Gregory for tie
d, pdant.
Leris o. Masters. Error to the Huntington &C. BLACK
FoRD,J.
In an Of repevn for unlawful
dener of goods demand may be necessary where the de-
PENDANT the goods by the leave and license Of the plaintiff
to make the possession wrongful But whenever without
such demand there is wrongful possession. when il Is
obtained by force fraud Otherwise, without The owners
consent. n demand need be made.
In this the defendant entitled according
s. 1913, S92. JUDGMENT reversed affirmed
to the residue. Cooper for the plaintiffs ColeIck aud
Walpole for the feldant.
"WEDNESDAY, Dec 3D.
The State Buckmo. Error to the Tppecanoe C. c.
PERKINS, j.
IL the record do not show the character amendment
made the amendment will be presumed 10 have been rightly
permitted.
An alien having declared his intention to become citizen
of United States since 1918. been eOpabe of fee
simple ownership of land in this State.
Damages for land aken in the construction OF the exen-
sion Of the Wabash and Erie canal to be assessed in cash
without any reference the value of the scrip in which
they supposed TO be payable.
law requiring such damages TO be paid in scrip would be
The act of 1912 providing for the prosecution of the
Of the Wabash and Erie canal does not extend to
damages real taken in its construction Reversed
Jepnes and Jones for the plaintiffs Mace for the defendant
The State o. The United STATES Appear from the Fountain
c. c. PERKINS, ].
When the United States in the courts of Indiana she
file bond other parties required do, taking
appeal TO superior court Reversed Chandler for the
plaintiff; Brier and Mace for the defendant.
Close and others Hunt Error to the Dearborn c. c.
DEWEY, ].
Abt 10 equity to enforce lien for materials furnished
for building house. should be brought within year of the
time Of furnishing the materials.
When the allegations Of bill uncertain and indefinite
though taken confessed decree should be rendered.
unless the uncertainty be removed by proof
If bill be filed 10 enforce lien for materials furnished
for building house, and membranes the ground
which the building stands having liens older than the
painants made parties TO the BILL those cumbIaDces,
10 order OF the dates of their ens should be preferred
the cOmpainants in the distribution Of the ayas Of the
sale Of the ineumbered premises.
Costs should not be deereed against such membranes
Reversed Ryman and spooner for the plaintiff; REoEn
and Dumont for the defendant.
P5er Ward and Others. Error to the TppecanOe C. C.
DEWEY, j.
On the hearing of bill in equity enforce mechanics
en necessary under the statute of 1888 to prove 1.-THE
not admitting the poin that the complainant filed in
the recorders Office written notice of his intention to hold
lien the premises constructed IepairCd within sixty
days from the time the debt became due.
bill to enforce such lien the statute, will be
against the heirs of the employer Of the mechanic the lien
having accrued in his life time.
But the wife of the employer 1.-THE marriage having taken
place before the lien occurred is proper party the
| bill Affirmed, Chandler for the plaintiff
CrOOkshank D. Kellogg. Error 10 the Dearborn c. c.
BLACKBOARD, ].
Where there is any evidence however slight tending to
prove any material fact essential to the maintenance of
suit the question the suciency Of the evidence
establish that fact for the jury and not for the court But
if there evidence at all tending TO such fact is
the duty of the to instruct the jury that the law is
with the defendant and that they should find fol him. and
refusal of the court to perform that duty is
plea bad in form that amounts the general issue
special demurrer such plea which does not obct to il
that ground should be overued. Req rsd Ryman fo
the plaintiff
Roshav o. Hoshaw Ell al Error to the Fountain C.
Debt on attachment bond. The breaches assigned
attachment bond must show the proceedings in the attach
defendant will estopped fom pleading
suit the attachment bond that he did the debt.
The defendant will not be estOpped from pleading, that he
did debt if proceedings appear be throug
out erPaTts Reversed Brer for the plaintiff Chandler
the defendant.
} THURSDAY, Dec 81.
The State Shedrer. Noble Z.
An indictment found by the grand jurors Of Noble
county charging that A. late Of said county, Klein ih
county aforesaid did then and there sell certain spiituou
liquors. &c-to be drank in the house Of him the said
where the sold aforesaid" which quashe
the ground that it did sufficiently appear that thu
house in which the liquor be drank, in thu
county The court, not admitting that,
that that fact should appear held that il sufficiently
averred in the Indictment Reversed.
The State D. MkiikiH. Error to the Johnson C. C. PER
KIEs, ].
II person licensed retail spiituous liquors keeps
dsoTderly house, it will be deemed nuisance
lew, as well as unlicenced retailing houses.
person with license retail pituous liquors. who keep
keeper of public nuisance, well suit his bond
Reversed Hammond for the State Quarle for the deen
dant
Covert Nelson. Appeal from the Johnson C. C. Dew
EY, J.
An unsatshed judgment, recovered against person
gaDishee in attachment promssory note against tb
ganishee In favor of the defendant in attachment,
defence to an action the brought by the deendsn
10 attachment against such person.
Such Judgment Is also good defence against ion
by the assignee Of the defendant attachment proyi6n
the garnhee had notice Of the assignment OF the not
. before the rendition of the judgment. Reversed.