Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-02-21
SUPREME COURT OF INDIANA.
REr.arED ros rnr srArr sfsIlNr1 pT 4 rOarEa, E.s

1
| Gdns rs. Vinard. Elrur 10 the Pulaski c. c.
PERCUaAn-ln acon of Islander fo char ging the p'ar-
I'M W ith the crime OF prjny sustain the defence the
ground OF ju~hciiop the ju,y sh ,uid have the same
rs, 'ss p.n' Of he had bee" upon his ui 0r
LIaius si al rs Kelly Appeal from the Ohio C. C. Re-
rGsed
Edison Us. Nichols ct al E,,nr to the Ste ben C. C.
PERCUkIAM The gvi ndgm' nj by default over the
general issue which OF he i, erroneous. Harris
1Eskk" sss n. e@ %;.s.. B,,sk s67 Reorssd
poiit dscilcd. Rer0ssd
Do,y ct at Mullen. E'rpr to the Warren c. C. A5-
Hayan Ell al -s Tyner al E,ror to the franklin c. c.
Pea CURIAM The plain ifs caud sutaiu action
on the notes soed on IN his until they had fully Perlo
ed,er been ire enied f,om peIfoming which
was the consideration for the Lo Bailey,
Blas kL599i Coe vs.. Smith, Nov- T.. 1915
UniiquidA,d damages Of off Reversed
c C. Reversed with Instructions TO the circuit couIt to
dismiss he l4fr-er
GoOdOin CrO,O Appeal frum the Warren C. c. lf-
Jfrmed, with pei damages.
PanUaLkin6erg rs Maze Error to the Fayete c. C. If
frmed
Wright ct al CasseL Error TO the Floyd C. c. If
frmed
McBfwran ct al Us Hull swrioor, &C. Error to the
Viso probate court Decree affirmed except much
Of requires the plaintiff in Tefunding
bonds 10 the satisfaction Of the defendant error,
that reveTsed Remanded with objections the probate
court 10 modify said decree require the bond be
given 10 the approval Of the court and made payable to
Fudge ps KidlOsli. Enor to the Wayne C. c. Re-
rersed.
HOuz rs. Case Chancery. Error to the vermion C. C.
Reversed for misdescplinn of pat of the land ordered
to be Sold Remsnded with instructions the circuit
10 render decree for the sale Of the property described n
Hubss u.s. AUiag ct ci Error to the Jefferson probate
I coutt. affirmed, With per cent damages
Johnson ct al rs Tucker administrator &C. Error to the
Caiduce Williams ct a. Appeal the Parke C. c.
! Petition for Ie-heaIiug overruled.
Fla Ck0rn. Error 10 The Bartholomew c. c. Re-
Remanded ne
Fuller al al rs GGrrGgHs Error to the Parke c. c. Af
rmed the ground TIA, there issue joined which
the could Try. Vide CHS, Crist, Backf 575.
ArnOld Findiey Appeal Bartholomew C. C..
| Affirmed Oiih fire per cent damages.
Mason Emerson, Administrative, &c. Error TO the
Miami c. c. Affirmed, with 10 per cent damages.
! &C.
BLACKBOARD j. A executed TO title bond for The con-
veyance, by deed of Of upon the
payment by B. Of the purchase money Held that could
have CLAIM under such bond until he had paid TO the
proper party the purchase money! had least Offered
the same upon receiving deed at The tune Re-
rSed Proceedings subsequent 10 the bill set aside at the
cost Of the defendant in error Remauded with leave to
the complainant to amend his bill
State rel. Lock. admir- SC Gsdiis ct al Error to
the Kosciusko e.
PERKINS jim an action Of debt upon bond where
the defendants and obtain of the bond, and il
out in their plea Of est dctun il makes the bond set
in their plea part the declaration; and the
question whether the defendants executed the bonds
the plea; and vaances between it and the bond de-
scrbed the declaration be taken Of But
the trial whether the deed decrbed in the declaration
was execu ed by rhe defendants Chit PL 433, 4S3. Will
lams VS. Bryant NJ N. AL
against Stenhrn CoImes
and Others who alleged to have executed bond
sued on. Without OYER the defendants pleaded est
fdcu which plea there issue. On the trial, the
plaintiff offered in evidence bond signed by Stephen III
Comes and Others without proving the identity Of Stephen
H. and Stephen s. ColmeS Held that they could not be
affirmed "''"''' '1''"'' . ' same 's''''
Read Us The State Appeal from the Sullivan c. C.
Pm uaUA rolnp
defendant did, at &c. wfully, aicouy,
and mchevOusy, destroy and njue divers windows then
and there affixed unto and upon certain county seminary
building situate of the value Of twenty dollars of the
Of the county Of Sullivan aforesaid TO the damage of
said county sc. Upon the trial, several witnesses testified
that they with Others met n he seminary the night of
thels day of March, iS49 for the purpose of organizing
division Of The Sons Of Temperatures that while there
and clubs thrown al the windows and that the deend-
he person he The count ms
stTucied the jury that if they satisfied that said emin
airy was at the time the injury committed public prop
eriy then occupied used county seminary BY
the that it thai it should
been proved that the title the property in the county
OF Sullivan.
Held That the instruction not objectionable The
indictment in effect charges malicious injury public
property under the list sees chap o5, p $40, r. 81 and
sufficiently sustained by the proof The fee simple of
the ground upon which county semnares erected is
held in the Of the State but the boards Of county
missOne Of the respective counties have the charge Of
the buildings and Of the effects of the seminaTie r. s.
chap 81 p. 304.
HELD ALSO that the injury charged have been done TO
the property is stated with sufficient certainty in the ndct-
meni nd he within that of the
STATE VS.: AydeIO't, Blaekf l57 affirmed.
Russell u.s. Russell. Error to the Warren c. c.
! Pen CURTAIN. William Russell filed petition against
Sarah Russell praying for divorce She answered, deny
charging him with cruel treatment etc. The court below
dismissed the petition and granted divorce upon the
BILL decreeing Sarah Russell four hundred dollars aIimony
| in lieu of her dover.
The only complained Of in the decree OF alimony
in lieu Of dOsoer The provisions OF the present
that subject r. S. SOB, % to 6l authorize the
han Tho a
husband and when the estate brought by wife aud
stored her the divorce sufficient for her support
grant such amOny ont Of his estate shall be just aud
reasonable
There is no provision authorizing grant of amony in
lieu of DOVER but il is provided that The courts shall
have power TO divest either party Of their title interest
in any real estate further than expressly provided for
In this that William Russell had real estate
in which, under the 18th section, his wife, upon divorce
granted entitled DOVER and the decree giving her
amony in lieu OF this tight
IL is by the counsel for The defendant in error
thai the words lieu of dOtoe when they the
decree may be regarded suplusage, but this would be
doing injustice the plaintiff in the value of the
light Of DOVER the intended TO dyest by the de-
cree properly considered ia estimating the amount pIo
per TO be allowed slimOny. Decree giving amOny ia
lieu Of dover reversed Cause renanded for further pro-
4 ceedngs
French vs Crane al. Appeal from tn Sullivan C. c.
SMITH, J-Assumpsit upon the common money counts,
and special count upon a written agreement which
10Th day of May 1896 between Henry French Of &c., of
the part and L. B. & A. Crane Of" Sc, of the other
part wnesset that the said French sells to the said Cranes
his fiat boat 70 feet long by Is wde loaded with good
for Of S707 100 be paid the following
Said Cranes said French 5000 in advance, the
receipt whereof hereby acknowledged and the balance
said Cranes pay French arrival delivery of the
boat in New Orleans;s.d boat and load shall be insured
at Canes expense, ami 10 the of the captain who
shall have full control until it arrives at New Orleans, when
shall be delivered said Cranes consgnee< and
AZ the delivery said Cranes shall pay 10 the captain
French the residue and their failure d. they forfeit
the $500 already paid The whole expense Of running the
boat and load shall be paid by The said Cranes aud The
xvho hall ha dprQdE lrane mr.
said balance of