Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-06-03
SUPREME COURT OF INDIANA.
May Term, 1917.

May Term, 1sf7.
REPORTED SENTINEL A. N. cARNAHAS, ESQ.
MONDAY, MAY "a, ls47
Present the Hon. Justices BLAcKroRD, PERKINS, and
SMITH.
H. p Bdde, R. c. Gregory, s. Judah, Jeie Smith, d. Kill
gore, o. II. Smith, J. Morrison, A Kinney H. Blown, A. s.
White r. A. Chandler, w Quares, J. Pitcher. C. C. Nave
s. Mai Il, s. c. Wilson, s. Yandes, A A. Hammond, L.
Baird, Barbour, Ii. 0Neal r. Jones, J. G. WaIpOle, T.
II. 81 ackett
Ciiy Of Madison o. Hatcher E,rcr to the Jefferson c.
C. Opinion by SMITH,.
Justices The peace jurisdiction prosecutions
der the Of the State assault and battery riot &C.
To hne exceeding twenty dollars But Held,
that action Of debt for the violation Of city ordinance
which pescbes penalty exceeding twenty dollars for
an assault and battery brought by the city Of Madison against
the defendant before the city, croft
cea justice Of The peace, could not be sustained; the de-
PENDANT in such being required TO answer criminal
charge without ptesenmeni, Indictment, impeachment
contrary provisions of section Of LIST a,
Gle OF the constitution IT the State. Affirmed
T L. SulIirdn for the plaintiff.
JOS G. Marshall, for the defendant.
Heisied ct al o. Kuaes. Error to the Carroll Probate
Court Opinion by PERKINS ].
The child takes the dOicil of the parents and cannot
ProPts rgore ehlnge IT. nor can guardian except under
peculiar circumstances change the dOmc Of his ward
Females sui jurs in Ohio az Is wears Of age hui il
c 10 Indiana she becomes juris till
the latter age.
The settlement of guardian with his infant ward will
not be held priTG faeie correct.
If guardian advise and aid his ward in converting real
estate into personal the guardian be held LIABLE
for the proceeds Of the sale Of estate made
out the order Of any court.
Kinney Doe dem Suman and others Error to the vigo
C. c. Opinion by BLACKBOARD.
Action oeectment. The defendant ia attempting prove
sale OF the property in dispute for previous to the
sale under which the plaintiff claimed with other
ces offered IN evidence the assessment roll OF county
for 1922 signed by the lister without proving the vau
alton Of the property had been made by the and
houeholdsr Held that the assessment was not admissible
had he mad
could not be legally made far the valuation of the
property (oeng town los) was concerned
er and two hcuseholde appointed by him. Acts of $780,
D. l50 Affirmed.
Gookins, for the plaintiff.
Gregory, Griscoid and Usher, for the defendants.
TUESDAY, May 25th
sengte and others Haokins. Morgan c. c.
SMITH, J.
When notes given for the purchase money of real
tate, and title bond is given, conditioned for king con-
veyance on the payment Of the
are paid, the payment Of the notes and the execution and
delivery Of the decd se and neither party
can sue the other for failure perform part of the
contract until he has performed offered to perform the
part which deroves upon HIMSELF unless sufficient
reason is shown for the failure do So Reversed
Executors Of Ls1cis .. Commissioners Of Allen county.
Appeal from the Allen c. c. SMITH. ;.
By the provisions of the Of $780, the lands donated 10
the State Of Indiana aid in completion of Wabash
and Erie canal directed be sold for
purchase money In hand and the balance payable any
within seventeen years and by subsequent act passed in
1884 declared that such lands should from
taxation un he purchase money should be fully paid but
the last mentioned act contained provision that il should be
subject TO be repealed the Legislature
pedient By the acts Of 1889 and S4l
were expressly included in the list OF taxable property and
taxes assessed upon them and collected Held that
the collection Of these violation of the
tract Of sale on the part Of The State. affirmed.
Speokmdn Q. Walker. Appeal from the Dearborn c. c.
PERKINS, J.
The statute of S43 relative usurious
Ietospectvely and renders valid those previously existing
to the principal sum stipulated to be paid To action
therefore, brought TO the principal and interest Of
pomissory note, in the spring Of 1884, latter the R. S. Of
lS43 were in force plea TO the whole Of action and
setting up usury as a defence, is bad Reversed
Ryman and SPooner, for plaintiff.
L. DunOnt, for defendant
EUing and Others Cooper. Error 10 the Allen c. c.
BLACKBOARD, J.
II person bring suit, without any legal right to do so, he
cannot avoid paying the judgment for rendered against
him. Reversed
Coorabs and Breckenridge, for plaintiffs.
II Cooper, for the defendant.
EUiRg and another COOnabs administrator Appeal from
the Allen c. c. Reversed.
Cooley DarsOa ct al. Error to the Laporte c. c. Af
frmed
De Rome ct al. Z. Gri6fs. Error to the Allen c. c.