Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-03-18

This action in asslmpsit, and was continued
the first term upon the motion and affidavit Of the
defendant At the succeeding term, the defendant
again moved continuance ri the upon affidavit.
This affidavit referred the material facts stated in the
first affidavit without setting them in the last ati-
davit, and the first made part of the
cord in this The court below refused 10 grant
continuance, which refusal Is the assigned.
Judge BLACKBOARD held,
That the first affidavit being part of the record,
the second does show the facts expected TO be
proved by the absent witness.
Judgment affirmed.
James Timmons and others rs. Wngate Timmons
Admr.
The administrator made application for order TO
sell certain real of the ntestate. The Court
granted the order The assigned IS that hnal
decree taken against of the defendants in
aut without the appointment OF guardian ad item for
her To this assignment the administrator pleaded that
the time Of the rendition OF the decree the said de-
PENDANT of full age. The plea was demurred to.
Judge BLACKBOARD held
That this demurrer must be sustained for If the err
appeared upon the transcript 1t is correctly taken,
and il not the proper plea was IN nothing u there error
and this does not refer TO WILL the decision oil
the Court mast be governed by what appears on the
transcript r. S. p. ga, sect. 81.
Demurrer sustained.
Forney rs Goodhue Error to the Wabash Circuit
Court.
In this case it was held that the testimony given
the trial not very strong, and the newly dsfv
cred evidence which out in the affidavit, upon
application Tor new Sucn as 10 snow a new
trial ought be granted, the Court below erred in
usng it.
Judgment reversed.
Byrket and others us The State on relation of Sill.
vers Error to the Henry Circuit Court.
This was an action founded on the official bond of a
Justice liz former suit between the parties the
reator recovered Judgment for various collected
by the Justice, and not paid but in taking the
judgment two OF the sums, by mistake, were omitted
for which this suit is brought This judgment was
pleaded against that suit.
Judge BLACKBOARD held,
That under the circumstances, this suit could not be
defeated by the former recovery, Backf 440 t. R
COZ; Johns 227; 3 B. & Ores. 235
Symons rs. Smith. Appeal from the Grant Circuit
Court.
The only question in this case was whether part oil
the consideration of certain note, for the part
payment of a certain tradt of land for the conveyance
of which decree was asked 1t held that the ev
dence set did sufficiently prove it against the
testimony Of the complainant.
Decree affirmed.
The Lawrenceburgh K. Road Co. rS. Smith, Error
to the Dearborn Circuit Court
This was a motion to dismiss the writ of error, be
cause the charter Of that Company says that in
like this the judgment Of the Circuit Court shall be
nal. Local Laws, IS47, p. g.
IL was held that the language OF that act was moi
sufficiently explicit to authorize this Court IN saying thai
such writ will not lie in this
Laughn and others Us. The Trustees, &C., of Lam
asco city. Appeal from the Yanderburgh Circui
Court.
Held, That the statute authorizing an appeal from
any order granting Injunction applies in this
r. S. pp 636 637 See Michigan Central r. r. Co
Us. Northern Indiana r. r. Co. at this term.