Indiana Supreme Court February 1, 1853 (Ball v. Carley)

Roache, J.

Ball, as administrator of Herron, filed his bill in chancery in the Court of Common Pleas of Tippecanoe county, alleging that at the previous term of the Court he had impleaded the said defendant, Carley, in an action of assumpsit, damages 3,000 dollars; that issue being joined, there was a jury trial, and a verdict and judgment for the plaintiff for 33 dollars; that upon the retiring