Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-08-24
Gorrtsponotuft.
DoINGs In COURT.

D0INGs IN COURT.
Noah Carmichael Us. james Ken
nedy Il William Robson. Civil ac-
ton for damages for taking property,
on execution, wrongfully. II seems
that r. had jadgement..ag against Hub
bard, on which Carmichael was reple-
vim bail That Carmichael. rode his
horse, Shanghai. into town 10 spend
the afternoon. as he is won't to do
Robson ordered Kennedy, the con.
stable. to levy on said Shanghai.
which he did, aud took the horse into
his possession. and let Carmichael
find hisway home as best he could
That Carmichael offered to give up
other property on said Execution.
which was refused, and the constable
proceeded to sell the horse. Carmi.
chael sues for damages. alledging the
levy to be illegal and wrongful in
this. that he had the right under the
statute to say what properly should
be taken--this was denied him. lie
claims also that his dignity was In
suited and outraged by the ransac-
ton.
Verlict for Carmichael, 800.
Hlckel a. Lopez. ps. Christopher
Masters. Pl'tilIs sued defendant. for
beef bill. The evidence showed that
plaintiffs were butcherIng in partner.
ship. That plaintiff Lopez occupied
defs house. and was 10 pay rent in
beef. md that def had no actual know.
ledge ofthe partnership. and that def:
paid Lopez for the beef in the .ettle.
ment Of the rent. There was some
evidence showing that plaintiffs were
in the habit. or had upon several oc.
caslons. settled their individual ac-
counts eby beef accounts. Justice
leans towards def. But the Court
thought the fact OF partnership Of suf-
iicient notorety. and that Hickel was
not bound by the settlement with 10.
per-
Judgement FOR plaintiffs.
Charles Miles rs, shoup. Van Ber-
gen d Co. and Others Sui; to fore
close mortgages, executed by G. &.
Shoup. II. Van Bergen & Sam Shoup.
to plaintiff to secure him in advances
OF money to said def's in this bust.
ness. covering nearly all the real es-
tate owned by them in this county,
Decree in favor of plaintiff. and mort
gagged property ordered to be sold.-
The indebtedness more than sufficient
to cover the whole property-look out
for bargains
Marshall Us. Wooden. Appeal
Judgement below for Wooden. for
Si.5o. Judgement here for Marshall
for IS. The controversy was about
Doctor bill. and some other dealings
between the parties. II is a case in
which both parties have TO suffer, but
! Wooden is by fur the greatest sufferer.
RootstS Coo as. Lavina Rubottom
& John j. RubottouS Suit TO fore.
, close mortgages.
Lavinia Rubottom executed Il
Roots d Coe. mortgage on her farm,
TO secure them in advancements o
money to John j. Rubottom, to ena
BILE him to carry on the milling bust
ncss ut Metamora. The mortgag,
was executed in August 1854, and (.
secure advances after that time. TIL,
evidence showed settle ment between
j. j. r., and Roots d Coe., and note
for balance to Roots d. Coe of some
$500. The def. plead payment, and
usury. DC, and showed on the trial
' that in the settlement with j. j. r..
, plaintiffs charged up 10 him some five
or six hundred dollars, Of an indebted
ness prior TO the execution OF the
mortgages, and also some 4 or $500
v paid on other account, besides tn,
e milling, and that Rubottom. had, by
: shipments of flour more than paid all
: money advancements in the milling
business after the execution of saiC
mortgage. The defendants showed
I farther, that plaintiffs had charged up
interest and commission on said adj
S sances. amounting TO about 10 to &c
per. cent, while his contracts between
plaintiffs and j. J r., was, that said
r., was. to.use the money, atlCincinna'
: Ii rates of interest, which they claimed
was all usurious. The .attornies OF
both sides asked for charges to the
Jury. which were gwen and refused,
. Unfortunately. The Jury after q
few minutes deiiberation agreed upor
, their verdict. and brought it into
court. 1t was intimated, that the
verdict was in favor of the def, where
upon, Holland, attorney for plaintiff
who had been cool as cucumbel
c throughout. cunningly asked for, ant
! suffered non-suit, and the verdict o
: the Jury was withheld TWAS anus
Sc ing to see what an effect.. this cunning
had upon the opposite counsel. Jones
n e. Morrow. They looked for all tn.
i, world. like they felt that they hal
:" lust let a bird 40. judgement for de