Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-07-08
SUPREME COURT OF INDIANA.
Nav Term, IS47


aEroRrED FOR THE SENTINEL By A. N. cARSAHAs, ESQ.
wEDSE,DAY, June 9th, 1917.
Robinson ct al. Moore, admir-. Error to the Clark C. C.
A6frmed.
state Bank Of Ildiana Fullerton Error to the ST. J0-
Mains .. Clark. Appeal from the Warren c. C. Re
rers0f.
Doughty D. Elliott Error to the Fountain c. c. BLACK
FORD, J.
return to rsndiiiOai ezpOnas that no other property
than that sold could be found, a nulily.
return to alias f. IA that property was given up
on which to levy, insufficient.
The Revised Statutes Of S43 p 1892 in relation to suffer-
ing nousu aceords with the English practice which gives
right suffer any time before the verdict made known
the ccart before the finding Of the court without d
~, is announced. Affirmed
BraadeIbwgh admir- Drury ndm'r Error to the Union
Henderson ct al D. Williams. Error to the - C. c.
EdsaH ct al. o. Tanner. Error 10 the Allen c. C. Af-
8feeker Shearer Appeal from the LaPOrte c. C. If
frmed.
PrHckdrd D Humble. Error to the Allen C. c. Affirmed.
AGrmef.
HeiHer WilcOr ct al. Error to the franklin C. T. If
fIHea.
Ross ct al. Kelsey for use, &c. Appeal from the TPPe-
Briia ct al O. Garst ct al Appeal to the Delaware C. C.
affirmed.
Soul o. Jackson Error TO the Franklin C. C. 4tfrmed.
Rdrden .. RGrtdea ct al. Error to the Rush C. T. II
Grmed.
Nelson ct al .. LagOU Appeal from the Knox C. c.
Affirmed.
THURSDAY June 18th, ls47.
Dunn Fish ct a. Error to the Boone c. C. BLACK
FORD, J.
Held That in this case a bill in chancery the
proper remedy but that the complainant should have pro-
ceeded by appeal writ Of That the Circumstance
that Of has decided question Of law
ly is not sufficient ground for application TO Of
chancery to eujoin judgment in the suit Reversed
Randolph .. EsOH et al Appeal from the Fountain C.
Sherry dem. State Bank Ia ct al Error to Boone
c. c. affirmed.
SOrer o. Doe er dem State Bank Ia. Error to ST. Joseph
C. c. Affirmed
TUESDAY, June %, 1871
KePslingsr .. Parsons. Error to the Rush c. c. Re
rersed.
GOrhan ct al Gorham ct at Error the Hendricks C
/ c. AGTrmed.
Vaasiyks ct al . The STATE ez REL BrO0a Error to the
Greene C. c. Affirmed.
sampson q Thomas ct al Error to the Perry C. c. Ac
JfTmed
White Ell al o. the state er REL MarraR ct al Error to
the Clay C. c. Affirmed
BfeKeasie Reaean. Appeal from the Hendricks C. c
PERKINS, J.
In some actions commenced before Justice OF the Peace
either party may, by Statute, under certain circumstances
the election Of the opposite patty be made Witness but hs
Statute does not make parties competent witnesses generally
and a all events. Reversed.
Cain Guthrie the Madison C. c. SMITH, J
Applications to court of equity for the exercise of its
rsdction escnd addressed TO its discretion
but such discretion be exercised in conformity
tablished principles.
If party desires to rescind contract the ground
msrepre entation mistake, he is bound to be prompt
communicating the facts upon which he relics opposite
party, and also his intention Tescind.
When G. had purchased land Of c. and received tt
bond for conveyance and brought bill to obtain resets
ion of the nearly f1uT years after the purchase
without giving any for long delay, held that III
equity have prescribed with respect to this kind iee
Reversed