Rensselaer Republican, Volume 22, Number 33, Rensselaer, Jasper County, 17 April 1890 — MATTERS OF LAW. [ARTICLE]

MATTERS OF LAW.

Recent Decisions of the Indiana Supreme Court. Where the affidavit upon which an information was based was sworn to before a notary public, who failed to attach his seal until after a verdict was returned, the affidavit was bad, and a motion to quash should have been sustained. The attaching of the seal after a motion in arrest of judgment was made, could not relate back so as to cure the error in overruling the motion to quash.

In proceedings supplementary to execution, parties may be brought in by proper pleadings and required to answer in respect to any interest or conflicting claim which they may have, or assert to the indebtedness due the execution defendant, which is sought to be reached. Wherein such proceedings issues of fact are former a jury trial, as in ordinary civil cases, is proper. Where a verdict is rendered before the last day of a term of court, the application for a new trial must be made during that term. It is doubtful whether anjattorney can bind his client by an agreement that the opposite party may apply for a new trial at an ensuing term, unless such agreement is entered on the minutes of the court, or mado ia compliance with section 968, R. S., 1881.