Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-06-20
SUPREME COURT OF INDIANA.
MAY TERM. Isl


Reported for the State Sentinel by Albert G.. Porter Esq
TUESDAY, May 2s. 1900
Hopper Coeriek, Ell al Error the ST. Joseph c. c.
SMITH, J. BY the return writ Of certiorar from the
Supreme Court suit in chanceIy, appeared
the writ Of prosecuted, the record it appeared
whea brought to the Supreme Court in the first instance
amended by the below by the original process
and the returns thereto file in that show
subpoenas had been duly served the defendants Held
that such amendment not Objectionable. affirmed
Young BIunton. Error 10 Uuion C. c.
SMITH, J. affirmed. The opinion in this merely
states substance that the charges made g the bill
denied by the answers and not sustained by proof REP
Hayes ct al, v. Hayes. Error 10 The Dearborn C.
SMITH j. Upon agreement between the plaintiff and
defendants Below submit certain arbtaiOr
by the parties the value Of crop raised by de-
PENDANTS the plaintiffs land, in the of disagree
between the parties its value the aIbtaOrs az
ter such dagreemenI made theiI award def
mite awarded TO be paid 10 the defendants either
of them and which furnished data om which the
be paid could be computed The valued at four
different per acre, but neither the whole number Of
the number of valued ut each any of the
mentioned in the awad asceTtaned. Held, that
il evident that the amount TO be paid by the complain
ants not determined, but left open sub quent
dispute and litigation, and for that reason. the award
properly aside by the count below Vide Parker Egg
glestOn, Backf LIS; CanOchan Csc IL Wheat. 446.
Jurisdiction will be entertained, according modern
csious by court of equity aside instrument void
upon its face stOry's Eq. Ju. 500. affirmed.
Hardin Hall " Wolf adm. Appeal from tho Union
c. {.
This action of sssumpsit commenced before JUS
ice Of the peace by the appellee against the appellants
The Of action filed alleged that the ID If February
whereby they promised to pay to the order OF John Ryder
before the 25th OF November, lS4 $50 dollars with
interest from dates that the 80 Of February, ls4l Ry
der assigned said note TO the plaintiffs ntesate; that
29th of November, 1884, the said Hardin and Hall agreed
writing she back of the note to pay the with in
thereon at the rate Of 10 and that said
with the interest upon it, had been paid except Ga dollars
and 10 cents for which this suit brought. On the
Iia circuit court upon appeal from the judgment
OF the justice the plaintiff gave in evidence
pending with that described in she Of action with the
following agreement endorsed upon
November 29b S4i. II is agreed that the within TO
bear at the rate Of 10 per cent Hardin and Hall"
Various credits also endorsed upon the note, from
which il appeared that if the payable with per
interest only it had been fully paid before the suit
commenced The plaintiff obtained judgment for 90 dol
lars aud IS cents the calculating the interest the
rate of per cent up TO The date VI the agreement pay
10 cent and 10 cent from that the date Of
the Judgment
SIXTH j. ave think the contract made at the date of
the note to pay the with per interest
merged in the agIeement, made the of the
endorsement aud that The note, with the endorsement i'm
agreement 10 the therein specified with
per interest the date OF the endoi sement and 10
per thence forward until the should paid The
agreement amounted 10 The thing, in effect if
the had been cancelled aud had been
ted bearing 10 per cent Interest At the date of this
doTsement, in writing pay interest the
rate OF 10 cent was valid uEder the statute upon that
subject agreement could be made 10 exist
independent Of the debt, which had reference
( so 10 be assguable separately.
| The Judgment is therefore right The agreement sued
assgnable under the stsnte and hence imports
Consideration. Nichols Woodruff, Biackf 493. Aud
/
aly or on demand, with interest at the tate specified,
demand beuIe suit necessary. Bradfeld Mccor-
mlrk s Backf l6li Chit Cont, 733 q Amer Ed J"
| 41I med, with per cent damages.
Guard Bradley. Error TO the Dearborn c. c. Affirmed.
Slesde, ct al the State, Ie McCloskey. Error to
| the ClaIk Z. c.
PER CURTAIN Debt on the bond Of Sleade and his suree
charging the former with negligence in plotting certain boats
the falls of the Ohio liver The defendants offered to
prove that Scade possessed sufficient skill 10 pilot boat
the falls The refused permit the evidence
be given Held that the evidence O ell by the defendants
was Irrelevant. The question mol whether Sesde
capable Of conducting boat kllfuy but whether he
tusIly did so. in the present
Where objection is the rejection of evidence by
the below but the statement ia the record too
definite enable the Supreme Cour judge whether
committed not the presumption is that the
below right affirmed, with per cent damages
Conwel v. Emre, al. EsIor TO The Dearborn C. c.
PERKINS, }. This action of uespass against the
defendants for pulling down huuse. Plea, not guilty it'll
agreement authorizing The defendants give evidence
under that plea every matter that might be Introduced under
special pleas which they could have adopted The foow
instruction, which complained Of by the plaintiff
given by the court;
"Thai acting in Of fire, from sudden impulse
and upon good moye not to be held 10 sct account
ability for their conducts and if The jury believe fIom The
evidence that the crowd engaged the fire. aud the defend
ants really believed the building
IL from being consumed and consuming
buildings sdoining the defendants guilty Held
that the right destroy buildings when
the spread Of cOa gaton is settled but the question, al
the right pull down the house 10 this should
been whether the defendants believed necessary
whether there reasonable ground believe il b.
oder aud adjoining buildings ir0u
being consumed Reversed.
Wildiidge ct al v. Case Error to the franklin Z. c.
PERKINS ]. This petition under the Statute 70
PARTITION whrh proceeding at law and in chancey
No plea filed but the parties appeared and submitted thu
the court for iaI upon agreed of facts
Tia rendered final judgment for the defendants Held
that the iia there having been issue made
ous Reversed.
State rel. the Board Of Commissioners Of Ripley
Robinson. Eisor TO the Ripley c. C.
BLAcKFoRD, Upon the failure Of the clerk of the Cir
Cour, to pay to the county treasurer money
his hands paid to such clerk judgments rendered by tn
Circuit Court indictments against persons for crimes
upon the official bond Il the clerk enfoce the pay
of the money, should be the relation Of the count
Audiior, r. S. IS43. pr. 249 $50.
BY the Statute Of 1885, jury fees 10 be paid by III
She, IT into the county treasury r. s. 1885, p 293. Tba
Statute far relates jury fees, considered 60
still in fore II is the Sheriff. therefore, the clerk
whom persons liable for such fees should pay them II nc
being Of tho clerks duty the jury fee
his ueles cannot be responsible for his conduct IepectD
them affirmed.
Sbader " Alden Appeal from the Bartholomew c. c.
BLAcKroRD,J. deed by A. TO M. of the gods Of
in for the payment Of specified debts Of M tontainu
after the payment Of The specified debts. valid
the paites to II; and plaintiff IN attachment, who ha
caused the property be attached the property Of NJ
wit Of attachment object such deed
Of that reservation, without other proof than alds
vii, that he Is the creditor Of NJ. Affirmed.