Sacks V State Of Indiana

Author : Indiana Supreme Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230046372
Total Pages : 226 pages
Book Rating : 4.0/5 (463 download)

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Download or read book Reports of Cases Decided in the Supreme Court of the State of Indiana written by Indiana Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ... in sustaining the demurrer to the petition of the appellant. Judgment reversed, with directions to overrule the demurrer to the petition and for further proceedings not inconsistent with this opinion. Filed Feb. 27, 1891. J UDGMEN'r.--Collateral Attack.--A judgment rendered by a court of competent jurisdiction against a defendant for violating the statute prohibiting the obstruction of public ditches can not be collaterally attacked. From the Scott Circuit Court. C'. B. Ha1-rod, for appellant. C. L. Jewett, for appellee. ELLIOTT, J.--The appellant seeks by his complaint to enjoin the collection of a judgment rendered against him for violating the statute prohibiting the obstruction of public ditches. The contention of counsel is that the statute requires that the defendant in such a prosecution shall be fined ten dollars, and that, as the fine imposed was only five dollars, the judgment is void. This contention can not prevail. The court had general jurisdiction of the sfibject, and its judgment, even if erroneous, can not be collaterally assailed. The error complained of would not avail in a direct attack, since the imposition of a less fine than the law requires in a case where the only punishment is a fine, is not prejudicial to the defendant. Nichols v. State, post, p. 406. Judgment aflirmed. Filed March 10, 1891. VVI'rNEss.--Impeaehment of by Party Producing.--Surprise.--Di.xcretion of Trial Ccentsmrt.--A party producing a witness may show that he has made statements different from his present testimony, upon the ground of surprise. In such an instance the matter is of necessity left very much to the discretion of the trial court. Section 507, R. S. 1881. APPE-AL.--Presu.mpti0n.--.Err0r.--The presumption, on appeal, is tha