State v. Leak

Indiana Supreme Court

State v. Leak

7 Blackf. 462, 1845 Ind. LEXIS 73

DecidedJuly 23, 1845

StatusPublished

This text of 7 Blackf. 462 (State v. Leak) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Leak, 7 Blackf. 462, 1845 Ind. LEXIS 73 (Ind. 1845).

Pincite

Opinion

DEBT by the state on a judgment of the Owen Circuit Court obtained on a forfeited recognizance; the declaration not showing whether the recognizance had been taken in a civil or criminal case. Held, that a plea that the debt had been remitted by the governor, must show that the forfeiture had been incurred in proceedings arising out of a violation of the penal laws.

If in debt payment of the whole be pleaded and issue be joined on the plea, the whole and not a part of the issue should be tried.

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DEBT by the state on a judgment of the Owen Circuit Court obtained on a forfeited recognizance; the declaration not showing whether the recognizance had been taken in a civil or criminal case. Held, that a plea that the debt had been remitted by the governor, must show that the forfeiture had been incurred in proceedings arising out of a violation of the penal laws.

If in debt payment of the whole be pleaded and issue be joined on the plea, the whole and not a part of the issue should be tried.

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Bluebook (online)

7 Blackf. 462, 1845 Ind. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leak-ind-1845.