Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1848-01-27
SUPREME CoUwT OF INDIANA.

November Term, lS47.
REPORTED FOR THE SENTINEL A. N. cARSAHAS, EsQ.
JANUARr, 10Th, Is4s.
&C.
PERKINS J-Bl for an Injunction 10 restrain trespsss
10 lands. plea of matters IN pias Wa fled verified by
the oath OF the Attorney for the defendants 1t sck-
from the files motion. because was not verified by
the oath OF defendant personally Held that the motion
correctly granted.
Held also; that the bill does not make sufficiently strong
to authorize Injunction. Cause remanded with
instructions TO dismiss the bill.
State Y. MasOn.-Enor to the Allen c. C.
An indictment founded statutes should conclude
against the form of he statutes and against the form
Of the statute. Affirmed.
Stale v. ShOaf. State Y. WsrthingtOn ct al State "
Redeishemer Ell al STATE Jones' State Evans eft al
Stale v. Chitenden, State v. Hanna ct al Error from
the Allen C. c. and affirmed the principle that
of the State " Mason.
Carlton ct al. v. Hmter.-Error TO the Lawrence c. c.
Per Curtain. Ii record shows that a SUBJ
milted to the Court by the parties their Attorneys it
need not show express agreement bv the parties to
waive their right of trial by jury The submission by the
parties their Attorneys equivalent that
the submission was by their consent. affirmed
JANUARY, 18th
WdlpOle v. Birchard.-Euor to the Marion e. c.
Held per CuriGm-hat The statute providing that APP
Peas from the Judgment of justices of the peace may be
taken whin thirty days the rendition of such ;udg
men the day on which the judgment rendered must
be included in the computation.
As general rule when the computation of time is to be
made from act done, the day which the act is done
should be included But where the words from and after
used in the referred to- there is no essential
difference in the signfcstion. .?6ir7ned.
Benson v. Rodney ct aL-Error to the Parke c. c.
PERKINS, ITO give a Court jurisdiction in foreign
attachment, is necessary that the affidavit which
the writ issues should show that the defendant The
tachment has property in the State. r. s. ls43 p 49,
sect 40. Reversed.
Taylor Speneer.-Euor to the TippecanOe C. C.
Reversed
Muir v. White.-Error to the Ripley C. c. Affirmed
JANUARY. 18th.
Woodrufv. .1tchison-E Error to the Lagrange c. C.
Per Caviam-The submitted to the jury be-
lore the Peadngs and issues properly adjusted De-
murrers 10 Of the pleas remained undsposed Of and
other pleas unanswered. AS there either
mistakes in the record in the pesdngs originally
filed, all the proceedings will he reversed the filing of
the pleas, and oinder of ISSUE upon The plea of
sumpst, and the remanded with leave to the par
ties to amend the other pesdngs and make up the issues
Alien v. Hardesty.-Error to the VermiIIion C. c.
PERKINS, IA. sued B. before justice Of the peace
and obtained judgment, b. making defence. for a
fraction over $50. b. appealed to the G. c. where a
judgment rendered against him for fraction less than
$780, but the costs in the ncujng those before the
justice, were taxed against The plaintiff Held that the
costs were correctly taxed. affirmed.
The State v. HUin.-Euor 10 the Marion T.. e.
SMITH. 1.-The defendant was fined for contempt Of
Court in failing obey its process summonng him a
juror, and judgment for the amount Of the fine and the
Of the attachment rendered against him. The prose-
cutting Attorney ihereupon moved the Court order
docket fee to be taxed for him. sganst the defendant
part Of the costs Of the prosecution, which motion
overrued.
Held that the of February 9TH, 1881, authorized
docket fees TO be taxed in favor of prosecuting Attorneys
only in of conviction upon presentment indct-
ment, and parure of applications for divorce. The
r. s. s43 p. 1850 abolshng docket fees in
left this part of the in force but it affords authority
for the motion made in this Affirmed
i State v. Gainer-Enor to the Marion G. C..
i PERKINS, 1.-The local of 1916 authorizing the
electors of Marion county vote license license,
and requiring the county commissioners to be governed by
the result Of that in granting Withholding license
retail spuous liquors. did repeal the penal section
in the r. 3 sgsinst retailing without license affirmed.
i Ihayer v. DOre.-Enor to the Seuben C. e.
SMITH, jim a suit commenced before a justice of
the peace when process had been served the de-
fendan three days before the time for trial by the JUS
tce, and motion made to dismiss the suit for that
reason, which motion overrued and the defendant
then applied for continuance, and trial had pusu
ant to such continuance which resulted in judgment for
the plaintiff. The defendant after such trial be
consdeed having waived his right have the suit dis
missed for want of sufficient notice, and the dismissal Of
the suit by The Circuit Court, appeal, motion by
the defendant, for that reason Reversed.
Slick v. Bundy-Error to the Steuben e.. C.. .4bfrm-
ed