Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-06-11
sUPREmE COURT OF INDIANA.

SUPREME COURT OF INDIANA.
Gases determined at the May Term, 1876.
REPORTED A NJ cARsAHAs.
FRrDAr, My %.
Smith. Admfaistyatrir. V. Smith. Error to the Warren
c. c. Opinion by PERKINS, J.
could instituted (under the governing easel
the liability Of the bail for the debt Of the principal
absolute. This happens the pro-
perty found execution against the principal.
II is not that scire Jacias by Administrative
against repeyn bail should show the revvo of the original
judgment, the name Of the administrative. Reversed
JAIsER for the PLAINTIFF LANE and WLsos for the defen-
Mccullough v. Mccullough Appeal from the jefferson
C. c. Opinion by PERKINS, j.
Revised Statutes Of Is43, &C. chapter s.
cases. satisfactory proof aside from the declarations Of the
parties shall be produced. Reversed BRIGHT for plaintiffs
EGGLEsroN for defendant
McMdhGH and others v. Sherman. Error to the Allen
c. c. Opinion by DEwEY,J
plea protesting the whole action but
ing but Of the several counts is bad.
declaration in debt on promssory note alleging, in
describing the contract that the defendant promised &C.
good, and may be joined with other counts in debt.
plea Of assumpst to an action of debt is nuity
and trial under that plea Reversed
and WALroLE for plaintiff; CooMBs and KIERsrED
| for defendant
ReddingtOn v. HImIfoa and Others. Appeal from the
Decatur c. C. Opinion by DEWEY, j.
The Circuit Court in trying appeal from order of the
Board Of County directing the change of
road acts as Court OF original jurisdiction, and not
OF
Reversed BRADLEY Tor the applicant
Haas Flint Error to the Jefferson c. c. Opinion by
| BLACKBOARD J.
| 1t is usury o take interest in advance
The taking Of interest for greater length Of time than
the note had to is usuy. Reversed MARSHALL for
plaintiff; BRIGHT for defendant
The STATE for the use Of the Inhabitants of Congressional
T0,cnship No. "a &c. Wright and others. Enor the
Grant c. C. Opinion by BLAcKFORD.J
suit upon the bond Of School Commissioner after the
expiration of his of Office and the election Of his
cessOr should be brought in the Of the State, the
for the use Of the inhabitants Of the Congressional Town.
ship in which such Commissioner acts. affirmed PRATT
for the plaintiff; BaowSLEE SMITH for defendant.
Leach Swdn administrator Of Fife. Appeal from the
Union c. {. Opinion by PERKINS, ].
!. When note is several well as joint, attachment
will lie against The property of of the Makers who
resident although the other resides within the State
2. The proof on the hearing Of the in attachment
should show that the person with whose assistance The pro-
perry appraised county.
REID for plaintiff, PERRY for defendant.
The Stale " Brown. Error to the Boone c. c. Opinion
by PERKINS, ].
In Indictment against supervisor for failing keep
in repair highway it is not necessary to aver that the road
was not kept in good repair the available labor Sc,
would enable him 10 keep it.
The want Of means is matter Of defence. Reversed
HAMMOND for plaintiff; H. and II. Brown for defendant
Major admir- the State rel. Of GaPPtn. Error the
| Tippecanoe c. c. Opinion by DEWEY, j.
In action of debt conabes official bond, against
the constabe administrator the assignment OF the breach
of the condition in the declaration that the constable did
not make legal service and return Of execution placed
in his hands is insufficient. Reversed MACE and CRANE for
the plaintiff; CHASE for defendant.
State Bank BOwens and Others Error to the Vigo C.
C. Opinion by DEWEY, J.
State himself, payable in New Orleans and directed to
himself at that place, be protested for nOnpayment the
drawer liable TO per cent. damages KINNEY, WRIGHT
and GooKINs for plaintiff; Howard for defendant.
Forbes V. Myers Appeal from the Union c. c. Opinion
! by BLAcKFoRD,J.
If defendant action of SANDER after making the
charges alleged in the declaration repeated hem he liable
to separate action for each repetition but such repetition
cannot be proven in the suit aggIavae the damages The
speaking Of the words laid the declaration sube
queny the bringing of the action be proved to show
malice IN FACT but not in the aggayaton Of damages Re-
uersed. TEST REID for plaintiff; SLEITH RYMAN for de-
| PENDANT.
Wdyneck and another " Connolly. Appeal from the
| Putnam c. c. Opinion by BLACKBOARD ].
bill flied in chancery by against D and d, for
injunction and other relief The bill states that had OBJ
tanned separate judgments against and B, their joint and
several promissory notes. that execution issued the
judgment against had been levied certain real estate
that whilst said execution in the hands Of the Sheriff.
and themselves replevn bail in the Onthe
order book of the Circuit Court; that nsolven and that
has property sufficient to satisfy the judgments against
him that has ISSUED execution on the order of bail
BY the said E. and has caused it be levied
certain real of and E. Prayer to enjon proceedings
the execution against and E, until the property of
to execution be sold satisfy the judgment against
him. that the order Of bail be set aside Sc which was ordered
| by the Circuit Court.
Held. That good for the filing this
BILL had this election to collect his by
ton the order Of ball. valid by execution the
judgment against A. There ground for saying that the
repevin bail of could be made liable the
default Of A. The bail not suTeties of A,
there any connection between them Reversed McGAUGHEY
CoweILL for plaintiffs BRYANT HANNA for defendant
| TUESDAY, June 2.
| FIOOm " Beard. Error to the DeKab c. c. Opinion by
| Perkins,
In action upon the Of sezin and the
that the covensntor has good right convey, the
breach may be alleged in the declaration by negaving the
words of the covenant Reversed. HOWE for the plaintiff
/ " C..
PERKINs,J
M was recognized to appear certain day before
magistrate to to the charge Of having passed counter
felt money failing appear his recognizance declared
forfeited, and with transcript of his proceedings, filed by
the justice the Clerks office of the Circuit Court from
which neds against the bail issued Held, that
the bail might discharge himself by urrenderng the princi-
pal in the Circuit Court before final judgment the scre
facas. Reversed PITCHER EDISON for plaintiff; LOCK-
HART BRADLEY for defendant.
Br0Unlee admir- v. WhieSides Appeal from the Grant
Probate c. Opinion by DEWEY ].
If judgment, Decree order writ OF error to the
Circuit Court and there reversed remanded the Probate
Court, with enter certain judgment, which
= ;fof