Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-08-31

DoINGs IN COURT.

caac, occh On MINUS sincc iofo. inc
controversy was about the partner
ship business OIL. Berry& B. West,
the former proprietors Of the Demo
crat Office. II seems that Judge Me-
Carly had commenced the suit for
Berry in $40. afterwards was elected
Judge, and could not try the case, an
application was made for change Of
venue, and Mccarty, as Berry's attor-
ney. attempted TO dismiss tho CASE
At the time suit was commenced re-
ceiver was appointed to take charge Of
the business. Berry was in California.
and IL seemed to be the understand
ing between Berry's attorney and the
other parties, that the suit was dis
missed, and the receiver appointed by
the Court. delivered up TO West. the
books, notes, DC, of the business,
amounting TO near 1900. After
Berry's return from California he
found the case was still on the Dock
ct, and he insisted on the further pros
ecution Of the case. The whole mat.
ter was afterwards referred TO George
Holland, Esq. rs Commissioner, to
examine the matters of dispute, and
respective rights Of the parties. who
reported Mt the present term. on the
State OF accounts between the parties
up to the time of the appointment of
said receiver, from which report II ap
pearcd that Berry owed West, near
$500. At the last term of this Court
the receiver appointed as aforesaid.
made his report, showing that he had
collected some money, paid expenses.
and handed over to West, with the
knowledge and consent ofall the par
ties as he thought. the be oks. notes
and monies on hand. The cause was
submitted on the evidence. and the
said reports. From the evidence il
appeared, that the bone Of contention
was, that Berry claimed large amount
for valuable services rendered as Ed.
tor. &C., while West insisted that his
services in iinancerlng the thing,
was equal 10 the Editorial Depart
ment-and that il was so agreed and
understood, which was sustained by
the evidence. IL. appeared however.
that Vests attorney, was not ap-
praised Of the report Of the receiver.
which showed that West had in his
hands some 81 zoo in notes and nc.
counts, and some money besides. Ber-
ry and his attornies insisted that West
must be charged up with the amount
ofnotes and accounts, good, bad, and
Indifferent. which composed the .fag
ends Of the entire business. This
took West and bis attorney by sur.
prise, who insisted that it was a most
iniquitous advantage sought to be ia
ken and practiced in court of JUS
tice. and asked the privilege Of show
ing the amount insolvent, and worth
less claims sought to be charged up to
them, which they were permitted to do
in part. The Court, from the Judge
ment rendered. seemed to look into
the equity of the case, and to some ex-
tent disregard the technical advantage
insisted on by the plaintiff. Judge
ment for the plaintiff, for s5s.
William Robson, I. +. G. Us. A.
II. Wood. 1t appears the def. gave
in to the assessor several thousand
dollars worth of property, consisting
of goods, wares, and merchandise,
and afterwards sold and transferred
said goods and they were taken out OF
the county-and Woods failed to pay
the taxes.
Robson swears outa capias and
has Woods arrested. The def's at
lorney insists that there is no law to
support the proceedings. That tax
claims aresn the nature of judgements
under our Statute. That the Statute
prescribes the remedy, or the course
to pursue by levying on the property
and sale, and that the officers must
pursue The statutory remedy.
Judgement for def. for costs. So the
county loses that bill Of taxes.
Holland & M'Carty, vs. John Rob-
erts. Suit by Holland Il Mc'Carty,
assignees of r. Tyner, for partition
and sale of Tyner's & Roberts Mill,
in Brookville. 1t was insisted by
Roberts in his defense, that the mill
property was partnership property and
liable first for Tyner's Indebtedness, to
the firm, and to firm debts, and on
the part Of the plaintiffs that il was
jointproperty and not partnership, aud
therefore their title derived from Ty-
ner by deed of assignment would
hold the property on Tyner's interest.
1t appears in evidence that the Cof-
fins, two brothers, had bought the
old frame, which composes a part Of
the mill, in partnership, and moved i'll