Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-10-04
ID L G. 1910 rs
OF TIE
SUPREME COURT OF INDIANA.
hAi lEhh, icOO.
By Albert @. Porter, Esq, OfeiqL Reporfer.

them. Held, that demand by b. on the
18th for the delivery of the hogs OH the 10Th
of November WAS not sufficient under the
contract
Section 787, p. 9o5, . Il. 5. 1852, applies
only to statutory time and not to the COM
putation Of time in tho case Of ordinary con
tracts.-Rerrsei.
A. w. Hubbard and l.. Sexton, for the ap- |
pellant; Il. d. Logan for the appellee.
Hollingsworth a. Rodebaugh Error Ma
ron C. C.
PERKINS, J.--In Islander, the aycment in I
the declaration of slanderous charge which
assumes the existence of a fact, is a sufficient
averment of such fact; especially on general
demurrer or after verdict.
WhOredom includes every species of Illicit
intercourse between the sexes.
In SANDER, if the declaration is sufficient
without regard to the colloquium or inuen-
does, they may be regarded as surpusage.
An inference expressed in the colloquium
or innuendoeS in declaration for SANDER. if
not correct inference from the words averred
to have been spoken, can not affect the sufii-
cheney of such averments.
Coloquiums and innuendoes are only me-
| cessary to remove uncertainty in the identifi-
cation ofpersons, or in the meaning of words
and sentences and their application.
In cases of such uncertainty they form
material part of the declaration aud cannot he
rejected as surplusage. A6f,med.
II. 0'Neal and ID. Wallace, for The plain
tiff; L. Barbour and A. G. Porter, for the de-
PENDANT.
Huddleston .. Pearson. Appeal Pulaski
| C. C.
PERKINS, IA. was elected clerk of Pu-
laski county in August. 1915, for seven years.
In 1871 the Office of County Auditor was cre-
ated by law, but the act creating it provided
that the duties thereby enjoined upon Audit
ors should continue to be discharged BY the
county clerks, until Auditors should he cleo
ted and qualified. In 1916, the Legislature
enacted that nothing in the act of 1871 should
be so construed as to affect those clerks who, a
, the passage of the act Of 1916, were exercis
ing the functions of Auditor in those coun
ties where the number of votes did not ex
= coed 1900; but that they should continu
> ec oficiO to exercise the duties of Auditor
0 until the number of voters should excee,
n 1900. b. was elected Auditor of said count
> in 1851, hut the county had not then, nor be
il fore, nor mas it since had 300 voters. Hell
n that BIS. election was illegal. Held, also, tina
A. had right, er e6icio. under the Constitu
o ton Of 1851, to discharge the duties Of Al
IS ditor until the expiration of his official teri
1t as clerk. affirmed.
h d. D. Pratt, for the appellant; l.. Cham
n bcrlan, for the appellee.
J. The StatcV. Hedge. Error Blackford C.
;. STUART, Jan indictment charged an oil
l. fence to have been committed on, &c, in tn
year zone thousand eight hundred and fifty
a too" Held, that the word ''too" must be cor
1t strued to mean the numeral "two," and'not
It have been used as an adverb. Reversed
, D. G. Chapman and J. w Gordon, Tor tn
State.
- Kenton q Spencer Error White C.. G..
= GooKISs, J.-Bill TO forcclOse mortgage
II The defendant having pleaded certain ma
tiers in defence, the cause was continued
- order to take dispositions. At the next tern
d the defendant moved for another continu
d ance, upon his affidavit alleging that mott,
u was given by him for taking dispositions
; NJ, &C.; that the parties attended, when ii
1t plaintiff proposed to examine two witness
a first, the defendant waving notice. and thu
't afterwards those of the defendant should b
/! examined, to which arrangement he assente'
W fully understanding that he was to nave q
II opportunity to examine his witnesses after
{, wards that the plaintiffs witnesses were cx
amined, consuming most of the allotted time
!, that one witness was examined for the III
n. PENDANT, when the hour of arrived an
the plaintiff refused to proceed further
=, taking depositionS; that the officer who wa
" taking the dispositions decided that he coul
- ties; that the plaintiff Immediately left til
v. town and he had not time to serve him wit
ST another notice and take the dispositions be
:. fore the term; that he then had witnesSC
I'd ready to be examined, by whom he expecte
: To prove most of the matters alleged in h
il answer by way of defence, and that the all
o. davit was not made for delay, &c. Held, tn
d" under the circumstance, the defendant had
r. right to q continuance.
IS Where jnnior mortgages are made deien'
,e ants 10 bill Of foreclosure, AMI make d,
l. fault, the Court cannot order payment {
III their respective mortgages, but should merei
he forocloSe such mortgages in favor Of I'll
a. plaintiff. ReCerSed.
:. r. C. Gregory and r. Jones, for the plain
K tiff; d. ID. Pratt and IL. Allen, for the d.
9 fendant.
If Reno .. The State. Error Jackson {. G..
&c STUART, J.-This case stands submtte
4" 1" since May rs, 1853, on general assignment
Of errors, without brief. The failure to spe
d city any error is tacit admission that non
d exists. A6ira,el, with 10 por cent damege
!, Mason 4. Toner. Appeal Brown c. c.
9 A demurrer, under the code Of 1852, doe
C extend beyond the pleading to which it
e addressed.
!. Suit upon note, due December 20. lSo.
d containing stipulation that it might be dis
!, charged in notes Oh good solvent men, du
d when the note in suit shonld mature. Hell
o that up to the close of the 25th of December
!, the maker might have discharged the not
in suit by tender of notes as stipulated, bu
that upon failure to do so by that time, h
became liable as on a purely money demand
5 affirmed, with l0per cent. damages.
! ]. W. Gordon. for the appellant; NJ. NJ