Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-03-11
SUPREME COURT OF INDIANA.

Cases determined at the November Term 1876.
REPORTED FOR THE STATE SENTINEL BY A. NJ cARNAHGN.
DECEMBER 30fh.
Chapman Grores ohers-Error 10 the Krsciusko c:
C.-DEwEY J-rhe assessment OF damages found by the
inquest Of the jury proceedings, under writ Of dd qgOd
camnun Is not as 10 the Of the damages
but the court may if appear evidence damages
too high too low set them aside and order another
quest. affirmed.
Albee .. May-AppeaI from the steuben c. C-DEaEY J.
If the election Of county officer be contested there
be statement of the Of the verified by the
prseon cOntesng by sfda before officer authorized
administer the oath.
The clek Of the circuit couIt SUCH NOT authorized 10
administer such oath in vacation.
For the want OF such statement duly verified cir
cult court on an appeal from the board Of county commissions
es and motion made for that purpose Should dismiss the
proceedings same motion having been made before the
commissioner court. Reversed.
Peek and another o. Van ReasseaerE to the Jasper
C. C.-BLAcKFoRD, IA plea by defendant against the
continuation of inquest under writ of dd quod dq1n
alleging that previously in suit in ehanceIy against the
plaintiff the defendant obtained decree enjonng the plain
tin forever thereafter hom causing the fow back
upon the defendants premises by Of the dam he had
erected and that il should within sixty DAYS be abaed SO
not to overflow said premises insufficient The decree
does not affect the right of the owners apply the
tribunal, at subsequent time, to have the dam declared
legal one. Reversed.
The STATE TraPp-Error to the Pulaski C. C.-BLAcK-
FORD 1.-The defendant indicted for usuIpzon. The
charge being that he (havng been app constable for
the special of serving warranty had unlawfuly
ecuied the same &C. without being authorized do
consequence OF not taking the oath and filing the bond required
by law. Held That the indictment insufficient The
defendant appointed only for specific purpose, and
not necessary for him take oath Of office
bond for the discharge Of his duties unless required by the
justice to do r. S. 1885, p li5, 8. The indictment
does show that such required
defendant by the justice. affirmed.
Hardssfy KiaU0rfhy-ETror 10 the Boone c. C.-PER-
KINs J-The term NOTORIOUS insolvency. between
sgnor and assignee implies the absence Of all property with
II the reach of the law, applicable u the payment Of any
debt.
The assignee must the of the deceased maker
Of note before looking the assignor Affirmed.
Vance Ell al .. W0rkmdn-Appeal fIom the Hendricks C.
CPERKSs LAND purchased by title bond, and paid for
will equity by judgments against the vendor
prior the execution Of deed.
Unless the record show Of emergency injunction
should not be granted in vacation without days previous
notice 10 the opposite party The contrary not appearing
such notice will be presumed to have been given. Affirmed
Burr The Commissioners Of Wabash county-Enor to
the Wabash c. C.-l9irmed.
Beckwifh .. The Sfais-Eror to the Jefferson C. c.
Affirmed
Lqtr ct a. Jones ct dL-Error vanderbugh c. c.
affirmed
Cook ct al .. McCarfy-Error to the EIkhau C. C.-4f
frmed
Tanfossen o Byon-Enor Harrison C. C.-Afrmed.
Bcmiiton .. Kiakaid-Enor 10 the Decatur c. C.-Rs-
rersed
Maiiot o. Lisson-Erro, to the Washington c.Afirm-
Cook ct al Braekneridgs from the Elkhar c.
.C.-AGraed
Blair RO,oley-Error to the Posey C. C.Dismssed
TaIsfsoa Rogers ct al--Appea from the Warren c. C.
Reversed.
ykEuAKY I'd, 1877.
The State Sfocum--Euor to the Boone c. C.--Repersed
Bsch ct al Brifdin-Eror to the rippecanoc c. c.
Rerersed.
Dumont .. Johnson-Error to the Cass C C--Rercsed.
Ciasrson .. The Sfdfe--Error to the Warren c. C.
Reneh ct al Q. RsSch--Easor 10 the Fsyette c. 6.