Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-07-17
Supreme Court Decisions, May Term, 1851.

[REPoRTED THE coBURN. EsQl
WEDNESDAY, July 9, 1851
Stipp ct al " Broicn. Error Marion G.. C.. SMITH
j. Scire acaS in 1S4S to revive judgment OF justices
rendered in 1887 In the circuit plaintiff amended
SCI ia. upon leave, Defendant filed four pleas Judg
ment for defendant. The first plea that the action
not commenced at any time within six years
after the rendition Of the judgment in the scire acas
mentioned.
By the Limitation act of 1S43 such actions as this
to be begun within six years after the rendition Of
judgment. This was repealed in 1916.
Held That the above plea was good one, being
bar to the action, than six having elapsed
after the rendition of the judgment before the act oil
1916 passed. That it discretionary with the
court permit the defendant to plead TO the SCI fd
with or without the payment OF costs Judgment al
frmed.
Doe er dem. Pierce " S,veefzer Appeal. Grant C.
c. SMITH ]. Electment. Judgment for Defendant
Pierce claimed title under the original paentee Sweet
ger under sale for taxes. On the trial the defendant
gave in evidence among other things, the following
ti6cate: October 3D. 1874. l. John Gilbert, auditor
of Grant county, do hereby certify that three
copies OF the foregoing delinquent list and notice; that
put up OF the the court house door, and
handed the other the sheriff. requesting him to
put up in each of the remaining commissioners dis
tricts in Grant county. further certify that said ad
vertlsements were put up publicly than four weeks
prior to the first Monday of January, 1S45. JOHN GIL
BERT, Auditor of Grant county"
Held That this certificate under the statute of 1874
is insufficient il stating that the copies made out by
In each county commissioners district Judgment re-
versed.
Railsback v. The Liberty and Ellington Turnpike Co.
Appeal, Wayne G. c. SMITH ]. Debt upon the fol-
lowing described note: 1870, May 2, 1913. One day
after date promise pay the Liberty and Abingdon
turnpike Company, twenty dollars being the hrst IN
stalnent on-shares of the stock said company. Sub
scribed by me, Darid Raiisbdck, Juar'" Judgment
for plaintiff 1t proven that it was the understand
ing between Rasback and the Agent of the Company,
at tho time this note executed that the road would
| haU r-lfch offnrNx ardc
changed. Held, That change of the location did not
make the note void il being unconditional; that paro
evidence not admissible to that an agreement in
writing to pay money Internationally, was accompanied
with agreement that it should only be paid condition.
ally. Judgment affirmed.
Doe dem. the Trustees Of the Baptist Church, ct
al The Methodist Episcopal Church, at COrIagon.
Error Fountain c. c. Per Curiam. Eectment. Judg
men for defendant the trial the plaintiffs lessor,
who claimed under the Board of Commissioners of Foun
tain county, offered in evidence the record of convey
for certain rea estate including the locus in quo
from Coleman the Board of Justices of said coun
ty The evidence oblecedt to and the objection sus
tanned
Held, That this deed was admissible in evidence
link the chain of the plaintiffs title Judgment re-
| versed.
Johnson v. the State. Error Switzerland C. c..
BLACKBOARD ]. Indictment for passing counterfeit
ey. Judgment against defendant.
Held, That it was proper for the Court to remove,
notion the defendants witnesses out Of the hearing
Of plaintiffs evidence That person convicted of the
crime of forgery before the passage OF the Statutes OF
1S43 is not thereby rendered Infamous, and is compe
tent witness That is not necessary that the witness
who examined to prove the note to be counterfeit
should testify the genuineneness of the signatures
but that they may Judge from the impression made by
the plate and the general appearance Of the note That
accomplices competent witness, that fact being
objection only to biscrediliity. Judgment affirmed.
Case et al ". Dare. Error. Franklin c. C.. De-
cree affirmed, with per cent damages
| McMullen ct. AL ". Smith et al. Error Wander
burgh c. C.. Decree affirmed.
Jordan v. Corey. Appeal. TIppecanoe Common
Pleas. Petition for rehearng overruled.
Kepler ct. al. v. Kepler et al. Appeal. Wayne P.
i C. Petition for rehearing overrued.
Lansy v. Laney. Error. Parke C. C. Rehearing
granted.