Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-02-19
SUPREME COURT OH DI.Na.
CASES DETERMINED NOVEMBER TERM, 1915.
Reported for the Indiana STATS Sentinel,
IRA. ". CARSAnAS.

. SATURDAY, Jan. 10, 1916.
Barnes .. TannehiH. Error 10 the Lawrence &C
BIAoKFoRD ].
RrpI-vin The writ commanded the sheriff to summon
the defendant 10 appear and answer the plaintiff concern
ing the unlawful detention If the plaintiffs horse Tho
of acIion in Of the in the declaration
was the orIiously taking and unawnlly OBTAINING The
plaintiffs horse. Held, demurrer 10 that that
the variance fatal.
Plea suit action for unlawfiIly OBTAINING the plain
tiff horse-iha the time. &r., VIZ the 20Il 81
Junr, 1910. the county aforesaid The horse mentnned
the drraraon taken up NJ the defendants place
Of residence ~ Indiana Creek township in SAID county
and the defendant being aud there Ireeholder-
that by vIrIue nf taking said horse, the defendant
rgh To draIn him. aud did drIan him until ms herein
after meniouPd that afterwards, viz The sd of
June. lS4O the rouhy alnresa the defendant pursli-
AMI tn law caused said aking up of the he
Used ~ three of the most public places in said township
giving IN the advertisement particular description cf the
h"rsr "',d tue time when hr was taken up that alter
wards viz the 2j June, 1870 and belore ten day
had expired after advertising anread, the plaintiff
Brought this action at replevIn, by virtue of which The
plaintiff then and there obtained Tssession of the horse
&c and this the plaintiff is rrady To verify whereupon
he pays Judgment &c Held, on special demurrer the
plea good.
The general repievin for unlawfuy detainng
the plaintiffs goods is defiRet, which denial of
the defendants detention or the plaintiffs property
special plea in replevin concluded with vertical
cation and prayer of Judgment. &c. Held that the
verfcation right, and that though a might
have been prayed, the plea good without such pray
affirmed.
Norris o. the State. Error 10 the Marion c. c. SUI.
LIvAE, j.
/. defendant indicted for fraudulent voting cannot
trial prove What statement he made the polls The
Inspector and Judges of The election, for the purpose of
showing that he did frauduleny; can he
prove that he submitted the question, whether he had
right to vote TO the Judges aud that they decided that
he qualified voter.
2. The decision in Munly v. the State, made this
term relative defendants right to challenge juror
peremporlly, remaining open until the juror is sworn
is rr-aifmed Judgment reversed
Scott o. The State. Error 10 the Henry C. C. Affirmed.
Picket Q. Picket Error to the Switzerland c. {. AE
frned.
GiueIand Q. the State. Error The vigO c. C. If.
frmed.
Thompson ct al Q. Fry Appeal from the Tippecanoe
{. G. SULLIVAN j.
The admission of a defendant that the items Of ac-
count against HIM set out IN merchants books,
moi be proven in suit against hun the account with
out introducing the books accounting for their absence.
Reversed.
Taylor and another the State Bank Error to the No
bic c. G. BLACKBOARD J.
A protest of promissory note negotiable and payable
at branch Of the State Bank containing alleg gallon
that the notary had given notice of the dIshonor Of the
note TO the endorsers is legal evidence.
One of the endorsers OF such note lived about mile
from Fort Wayne Held, that notice Of the dishonor of
The addressed him Fort Wayne was good.
Tins v Delise, s. Blackf 447.
In computing the time for payment of a note payable
many days after date, the day OF The date is excluded
and the demand of payment must be made on the third
day OF grace. Ptdu EddS. i Blackf. Sl. .fHTIned.
Whte Water Canal Company Q. Henderson. Error to
the Fayette c. C. affirmed.
Same o. SimmondS. Do do.
SATURDAY, Jan. IL.
Sheets Peabody Error TO the Jefferson &. c.
BLACKBOARD }.
decree Oloreclosure, and for sale of land
ed, should order the sale be made in conformity with
the statute i'm force when the mortgage executed
Doe Hem, Wolf, v. Heath, ct al, May term, 1874
Bronson, v. Kinze, et al. ! Howard, 81. affirmed
The State q. Best ct al. Error 10 the Jefferson C. c
DEWEY j.
When babeaS corpus issues n complaint of illegal
imprisonment the judge who issues the writ may if the
authority by which the prisoner is detained be defective
call before hun enquire into the guilt of the
prisoner, and command recognzance discharge him
| he may proper.
The Judge before whom prisoner is brought by hdbed:
corpus order nabe him give bail, may exercise
hIs discretion the of the penalty of the
recognizanre required nv him. notwithstanding the
i>iraie Who committed the prisoner had fixed specific
sum the Of the recognZance, Tor not giving
which the prisoner may he committed. Reversed