The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-28
THE RECORD OF THE COURTS.
United States District Court.
Hon. w. A. Woods. Judge.
To-day-No special call.
Supreme Court.


Hon. G.. v. Howk. Chief-iustice
The following decisions were rendered June
26
1882 Henry Chapman VS.. Peter Moore. Kos
ciusko, G. c. Affirmed. Elliott, IA party
knowing of the existence of document has no
right to remain silent until after the trial, and
then ask the benefit of it, when. upon proof of
loss its contents could have been proved by
parol.
1902 Thomas E. Watts VS.. ingram Fletcher
ct al. Marion S. C. Affirmed. Mitchell, j.
One Wiley sold certain realty to one Turley.
For unpaid purchase money Turley gave Wiley
three notes and collaterally mortgage. The
second note was assigned to Fletcher q Co., and
the third to appellant. Fletcher & Go. sued
Turley, making Watts defendant. Cross-com-
plant by appellant, Watts. Answer by Turley
that he had transferred to Wiley another note as
collateral upon which certain amounts had been
collected, ETC., when be asked set-off 1t was
not necessary that the note transferred be
filed with the answer, as it was not the founda-
ton within the meaning OF Section 362. The
notes were not commercial paper, and, being
past due, were subject to defenses.
1871 Edward Hackney VS.. Merit c. Welsh.
Decatur c. G. Affirmed. Elliott Jan accused
was arrested upon charge Of felony and inn
prisoned in Jail Shortly he was wanted on a
requisition issued by the Governor of Michigan,
but he succeeded in escaping from the Jail to an
other State. He was retaken in the latter State
on a requisition from the Governor of Indiana.
The indictment against him in Indiana had been
nollied. The officers of this State not seek
ing to try him, but are seeking to give effect to
the demand OF sister State 1t
he had not escaped he could
have been surrendered under the warrant
His escape did not deprive the Governors war
rant of force, and it did not require the officers
to permit the accused to again flee to another
State The accused voluntarily came to this
State, and was arrested and imprisoned, when
the demand reached our officers, aad escaped to
another State. All that our authorities are do
ing is TO yield him to Michigan. Therefore.
petition for habeas corpus by the prisoner will
not lie.
1897 First National Bank vs. Deloss Root
ct al. Marion S. c. Affirmed. Mitchell, I'D.
Root 81 Co., being largely indebted to bank,
pledged as collateral security certain bonds and
stocks which, under an agreement, were to be
held as such, and if said D. Root e. Co. should
reduce their debt they might select from the
securities an amount equal to the reduction, the
securities left to be held collateral, and not to
be sold until the real and personal property of
the pledgers be exhausted. Included in the
schedule is certificate of shares in the Franklin
Insurance Company. All the securities had
been withdrawn except this certificate, and this
suit was brought it being alleged that the
amount withdrawn exceeded the reduction, and
set up that all the property pledged
was the individual property of d. Root; that he
had paid his individual liability to the bank and
was therefore entitled TO Withdraw this cert1n-
cate and had sold it to her. Answer That
this transfer was in fraud, and without valuable
consideration. The pleadings have reference
only to the rights OF the parties under the con-
tract, and to this theory they will be held Root
was entitled to withdraw such of the stock equal
to the reduction, as he might select Having
this right. he might sell. An averment of this
was sufficient without averring that the transfer
was for "a valuable consideration. Money
ceived from the sale of mortgaged property, or
execution sales and rents. reduced the debt. just
as if Root had applied it on the debt, under the
contract, and voluntary payment likewise re-
duced it.
1885 Hannah Langley VS.. Sarah Mayhem ct
al Allen G. G. Rehearing denied. Niblack, j.
12434. Michael Buscher vs.. Mary Scully. Ham
ilton G. c. Rehearne denied. Elliott, J.
12452 Janet L. Blomet VS.. Mary G. Rick
Delaware G. c. Rehearng denied. Collars j.
12l76. Albert G. Mccormick vs. Joseph H.
Hartley ct al. Benton G. G. Rehearing de-
MED
1901. Ewald Over VS.. City of Greenfield
Hancock G. @. Rehearing denied. Motion to
retax costs sustained.