Clark v. Goodwin
Indiana Supreme Court
ERROR to the Clark Circuit Court. — Goodwin, the plaintiff below, brought an action of debt against Clark, JYew, Harrison, and Brown.
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ERROR to the Clark Circuit Court. — Goodwin, the plaintiff below, brought an action of debt against Clark, JYew, Harrison, and Brown. The declaration, after reciting the arrest of the two former, and that the others were returned not found, was in the usual form, against Clark and JYew, upon a common bond for the payment of money (1). The defendants upon whom the process had been executed, appeared, and after craving oyer, pleaded non damnificatus, setting out in their plea the condition of the bond, which was, that if Brown should faithfully discharge his duties as deputy sheriff to the…
1Opinion of the CourtBlackford, J.
The facts contained in the replication are well pleaded, and form a sufficient answer to the special plea. The release was notgiven upon any consideration from the plaintiff below, but for the special purpose of obtaining redress in Chancery. As the release was not sealed in conformity with the statute, it could not have had any influence upon the rights of the plaintiff to which his judgment entitled him: the complainant could not have derived any advantage from it; and by dismissing his bill he abandoned the attempt. Clark, therefore, is not barred by such a release from prosecuting this…
2Cited by3 opinions
- Southern Indiana Power Co. v. CookIndiana Supreme Court · 1914
- Speeth v. FieldsOhio Court of Appeals · 1946
- Perkins v. SmithIndiana Supreme Court · 1828