Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-07-04
SUPREME COURT OF INDIANA.
MAY TERM, 1880.
Reported for The State Sentinel by Albert G. Porter Esq


Reported for The State Sentinel by Albert G. Porter Esq
WEDNESDAY,, May 20, 1850.
Bush v. Mahan Error to the Allen e. c.
SMITH J. This bill chaCcery filed by the plain
tiff alleging that in the year 1870 he employ
ed by The defendant in to fit up aud repair certain
keel boat and that he did said boat, the
of S24S73; that he instituted suit before j. p and
cred judgment for that amount that the defendant appeal
ed, and The trial in the circuit court. the plaintiff
cred judgment for 81 cents only; that motion for
al made by his attorney oveIrued and that the tes
mony given in evidence reduced 10 writing, but he
is advised, accidentally mislaii that it could be
forth bill Of exceptions The complainant further
alleged that he duly subpoenaed the defendant by whom he
expected prove the justice of his account give evil
upon Trial. that the defend ant failed to attend
and the complainant obliged enter upon the trial
without the defendants testimony. The present bill
filed to Obtain discovery OF the facts within the knowledge
Of the defend mt and trial law.
Held that demurrer 10 the bill correctly sustained.
There nothing in the bill which showed that the est
Of the defendant could have been obtained at the
ia or that the loss OF written statement oil the evidence
might not not have been emeded by the exercise OF prop
| diligence Affirmed
Cater v. Hanna. Error to the Graui c. c.
SMITH, j. Where the admission of evidence by a court
below objected unless the particular of the OBJ
lection pointed out the me and shown by the bill of
exceptions lis reception cannot be assigned for White
Water Valley Canal Co. ct al v. Dow. May Term, 1885,
To declaration in action Of debt two judgments
of justice Of the peace rendered against the defendants
10 Ohio, Of which confessed judgment upon
and The other Of which rendered suit in which
each filed accounts and for the balance found due
on The settlement o those accounts the defendant pleaded
payment with notice OF set off and another plea. On the
al he proved that in lS40 (which pior the Iend
said judgments the plaintiff bought Of him bills
of whiskey of abon The value of IA do bars. Held that
the instruction Of the circuit the jury that unde
the evidence in The the presumption Of law is that the
mat Of off proved by the defendant merged in
the al before the justice Of The peace in Ohio, who
deied the judgments which the action brought
correct.
The refusal Of The ceuit suppress portions of
deposition moou which contain testimony which would
have had influence the Determination Of the
cannot be assigned ior error ADTmed, with per cent
damages.
Go1e " Gore. Error TO the De KaIb C. c.
PER CURTAIN After the of decree Of the Pro-
bate Court appeal by the Cncut Court aud the remand
ing OF the from the Cicu the Probate Court with
instructions to the latter Court proceed in the in
codance with the opinion OF the Cheu Court appeal
taken from the Judgment Of reversal Of the Circuit
Court the Supreme Court Held that the Supreme Court
had no a 81 ~ the cause sso s.
peaIs and wriis Of in smar authorized
REr
Rhode " Davis Appeal from The Warren c. C.
PER CURTAIN Davis sued Rhode in action Of irespass
qaure cIduu regn Rhode defended the ground that the
To- an public highway aud that he acting
supervisor in working the and TO sustain his de-
eace evidence transcript Of certain had
before county said highwaJ 10 be
opened The transcript did not hoS that the notice Of the
application Oi The highway, leqntd by The statute TO be
given thai any notice Of ihe proceeding 10 lay aud
absh the given aud there was proof auade
fact. Held That the Circuit curecy held The
proceedings Of the board Of county commissioners nudity
The Boad Of County Commissioners is cour, Of specia
and lied Jurisdictions whose records show, make
them evidence Of validity Of The acts Of the court
the acquisitions Of the under which the acted
.t.Icy complied with, far necessary to give
Jurisdiction. Vsde Csrwiu MefIist. BaUouts IN.
/ Sup. Z. Rep. 3sl, aud cited Affirmed.
Pendleion, et al v vauausdal, Ell al.
E,Ior The Miami e. c.
PER CURTAIN. Assnmpsit upon note. Judgment for thu
plaintiffs.
On the calling Of the attorney OF the court ap
peared curide and moved the 10 set aside tn
ieusn Of the Sheriff the In the Ear
Peudeon Concerned which that he had served tn
writ Pendston by leaving copy 81 his last place OF les
In
Pendst been in the comfy for months PHO
sad serycehe having left for the South IN the capacity