Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-08-29
July Is. 1850

Pritchdrd v. Lloyd. Error to the Decatur c. c.
PERKINS, Lloyd sued Pritchard IN an action oil
SANDER, alleging that the latter had charged him with
the crime o. perjury. Plea, not guilty. Verdict and
judgment for the plaintiff below.
The instructed the jury follows If it has
been proved to satisfaction that the defendant
spoke of the plaintiff that the plaintiff and defendant
and Springer had down gamble in a house In
Grcensburg, Decatur county, lndlana and while they
were there Springer took out OF his pocket book hive
dollar BILL and proposed to bet dollar at time;
that after the bill put down on chance 1t was
missing and search made for it, but it could not be
found whcreupon the parties present agreed to submit
to search, which accordingly made, but the bill
loul that after this search OF the parties
proposed to look of doors for the money! and accord
ngly all the parties went out OF the house to search Tor
ii, and the window, they found pocket book with
the clasp unastened and in it the bill belonging to
Springer, which had been missing; that Springer took
the bill and handed the pocket book the plaintiff
who took it and then said, boys don't tell this on me,
for if you do il will ruin me-, these words are action
able"
Held That said words did not, of teuscIocs, import
charge OF larceny Though they might under the cir
cumstances and from the manner in which they were
spoken, have conveyed such charge, and been so UNI
derstood by those who heard hem yet that was qucs
ton for the jury to determine. Reversed.
Wannan Hazzard Error the Wayne c. C.
PERKINS, Jon the trial of cause brought by APP
peal from Justice of the peace to the Circuit Court
party to the suit residing In another county from that In
which the suit is pending cannot he compelled to attend
witness unless his fees, if demanded are paid to
him.
The failure of defendant TO attend as witness,
upon subpoena, under such circumstances his fees not
having been paid to him, though demanded docs not
authorize the of action to be taken confessed
against him. affirmed
Persons, ct al. " Crane. Error to the Jackson c. c.
BLACKBOARD, j. A bill in equity will lie against the
surctcs the bond of q deceased administrator, for a
waste and misappcaton by him, while administrator,
of the assets of his ntestate estate and the conversion
Of the same to his use. r. S. 1S43, p. 800.
A party injured by such maladmnistraton may, In
equity, institute suit in his name.
The statutory provision requiring suit on an admins
traitors bond to he brought the relation oil the person
for whose and benefit sch suit is instituted, applies
only to suits law. Vide r. s. 1S43, p. 69z secs.
1873 and 136.
Upon bill in equity by distrihutee the bond Of
his intesate's administrator, showing simply the waste
and misappicaon by the administrator OF the intes-
taes assets and the failure pay him his distrbutive
share Of the estate and praying relief thereon the de-
cree il the complainant should establish the facts in his
BILL should be that the defendant should pay into the
court the value of the goods wasted, be distributed
according to law, the effects of the interstate. Re
Dersed. Remanded with instructions to the Circuit
Conr to override the demurrer to the bill and give the
defendant leave plead.
Boudinot, ct al v. Jacob Error to the Sullivan C. C..
Per CURTAIN. IL was in this case to decree
against the infant defendants without proving the acga
tons in the bill the vodness of the title under
which they held. Reversed
White, ct al. Bales ct al Error to the Hamilton C.
c. Affirmed
Murray " buchanan, admir-, DC Error to the Hun
tineton C. c. Affirmed, with per cent. damages
Rinehart Jones ct al Error to the Carroll C. C..
Affirmed, with per cent. damages.