Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-03-18
sUpREME COUNT OF INDIANA.

Case, determined al TIE November Tep 1886.
REPORTED FoR THE STATE sEETIsEL NJ A. n cAREAHAE'
JANUARY IS.
Jolnson Parker Error TO the Jackson C. c. Affirmed.
Wahers es al o. Wsos a al. Error to the Pike {. c.
The State Of Indiana o. Rmsr. Error to the Lawrenes
Masoa Taber err Error 10 the Allen C. C. Affirmed.
The STATE o. DieksTs0H- Error 10 the Boone = = AZ
Fiood the STATE Error the Franklin c, c. Irned
Compare. admir- o. Epiag ct d. Error to the Allen c. C.
II creditor receive the principal debt due him there
nothing to sustain an after suits he cannot sue LOT the inter
Nesi D. Hama Conner. Error to the Wabash C. c.
plea informal in its conclusion subject special
demurrer.
To enable sheriff to apply satisfactorily money obtained
execution, discharge Of all the liens he must have
control Of all the purchase money The Statute also makes
il payable to him. R. S. ls43 D. i52. Reversed
T0tcnsend et al Doe dem. Of Chaplin ct al Error tc
the Putnam &C. Opinion by BLACKBOARD, j.
Held That after defendants request the Court that
every instruction or modification explanation thereof
which should be given jury should be in writing, and
the Court afterwards giving instructions with verbal
nations and illustrations. Reversed
Smith .. McAfahOn. Error to the Washington C. C. AZ
Early ct a. o. Frances. Error to the LapOre c.
Jereft .. Seely admr. Error to the Lagrange P. c.
Affirmed
Hutchinson o. Siiper Error to the Allen &C. Affirmed.
Verraiiya ct a. Davis Error to the Huntington C. C.
affirmed.
Green ct al D. the State Error to the Randolph C. C.
Affirmed.
McCgil0ck ct al q Sherman ct a. Error to the Allen
The state e. Gage Error the Lake C. C. Affirmed.
Carr the STATE, rel Of Smith, Auditor Of Rush county,
Appeal from the Rush c. c. affirmed.
Carmichael o. the Appeal from the Rush c. C. A.
frmed.
Wfnship o. Doyle Error 20 the TippeeaDOe C. c. A.
Rose ct al T. sims admir- Error the TiPpeeanOe C. C.
Affirmed
johnson D. Addison. Appeal from the Marion C. C. AZ
frmed
Reese ct al o. Ferry. Error the Allen C, c. A6srsed
JANUARY 81.
Daily o. the Slate ez Hn6ner Error to the Adams
Information in the nature of quo ,carrantO. Held That
the right duties aud receive the compensation
therefor of county recorder Office and equally so the
right the employment and Of county commissioner
Affirmed
c. c. Perkins,
Htid That horse race, according to Statutes and
decisions game" and person betting on such race
compelled testify under section AZ page S93 Of the
R. s. lS43 Affirmed
Wort o. Finley Error to the jackson c. C. PERKINS, J.
judgment against defendant without notice is nuliy
notice by service Of summons from justice of the
peace accordance with the law the defendant not
bound to answer nor will authorize justice 10 render
Ro6erfs o. Ward Error to the Delaware &C. PERKINS,
Sl9noerOuS q
from embraced in the declaration may be given in ev-
dence show malice in the deendent in speak
the words for which damages properly recoverable
Affirmed.
The State er REL Woodnan o. Wright al Error to the
Grant c. C. Opinion BY BLAcKFORD, J.
to the declaration the condition Of the bond not
and the breaches assigned in the declaration Held,
That this objection tensbe The may be
assigned subsequently the filing Of the declarations r.
s. lS43, page 694. Reversed
Thompson . Doe dem. Of Hare and others. Appeal
L frorn tho Han Pr
II ordeI Of sale should be made by Probate Court at
the term at which the petition was filed il must be
they infants. that
motion appointed Tor them guardian "a men, ana that the
eaa II the infants we're not !" eou when the
guardian appointed The appointment be
but is void and after The guardians answer cannot
jurisdiction Of the defendants.
The Of guardian confeng the allegations The
petition ought have been received but its admission
though erroneous does render the proceedings void
that 1t is not nuy and that the purchase under -
valid. Reversed.
Lucas ct a. o. H1pkins-Error to the Tppecanoe C. c.
BLAcKFoRp The obtained injunction against
the plaintiff from taking certain Of his lands for the con-
slrucon the Wabash and Erie Canal Of lafayette
The objection the law authorizing the taking of land Of
individuals for the purpose above mentioned. is that the
compelled take certain scrip mentioned IN the
of 1912 payment Of their damages which may be
sessed The that Obeetior rs that the canal scrip
the only fund provided by law for the payment Of said
damages The for payment provided by the aet
of ls45. r. 5 ls43. p s4O
The decree granting an lnlunci ION . heceTSeo
State rel Of Moore BOtOrf ct a. Error 70 she Clark
c. Rerased
WeddIe Error the Jackson C. c. Reversed.
| The State rel Of Talbot Cunningham ct al To a
declaration charging A. collector Of county revenue, Tor col
lecng said revenue and Of failure TO over, IL ss
bonds Of the not approved by
The as that the did not verify oath,
or deliver he list Of taxable properly Held,
pleas bad. After collecting the the
collector could refuse pay such grounds As
those stalled in the pleas.
plea to the whole declaration, answering only part is
bad. Reversed.
Robinson o. Bacon. Error Jefferson c. C. Dismiss
ed at plaintiffs cost.
Bwbridge ell al .. the State Bank. Error to the Tppeea-
noe c c. Reversed.
The STATE rel McGibbens ct al. .. Condo ct a. Error
10 the Rush C. c. dfkrmed-
Hanna Huey ef az. the Jay c. C. Affirmed.
The Jfsrsonpe Insurance Co. Patterson Error to the
Clark C. c. Affirmed.
McM1aus o. Mecauley. Appeal fIOm the Marion C. c.
! affirmed.
Langdoa o. Langdon. Appeal from the Monroe c. c. ~
frmed
Rules adopted 6y the CowfOrdered that subsequently, to
shal be decided by the Supreme
Court the time which they have been, shall
be submitted; cases of emergency excepted.
Ordered also, that appearances to suits In this Court shall
be entered in the Clerks Office.
l. ftArThe Regents of the Smithsonian Institute q