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Warring v. Hill, 89 Ind. 497. 275 Wasson v. First Nat'l Bank, 107 Ind. 206...... .........41, 243 Waters v. Bredin, 70 Pa. St. 235..459 Water-Works Co. v. Burkhart, 41 Ind. 364. .........136, 194 Watson v. Beabout, 18 Ind. 281-.314 Watson v. Charlemont, 12 Q. B. 856.. .464 Webb v. Brandywine, etc., T. P. Co., 55 Ind. 441... Weed S. M. Co. v. Winchell, 107 Ind. 260 Weiner v. Heintz, 17 Ill. 259......355 Weis v. City of Madison, 75 Ind. 241...

.119

86

.389 Welch v. Bowen, 103 Ind. 252....413 Westchester F. Ins. Co. v. Earle,

33 Mich. 143...

Western, etc., R. R. Co. v. Bishop, 50 Ga. 465..

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Whitehouse, In re, 4 Nat. B. Reg. 63... 3 Wilburn v. Wilburn, 83 Ind. 55.. 63, 465 Wilcox v. Majors, 88 Ind. 203....160 Wilkinson v. Pearson, 23 Pa. St. 117......... 169 Williams v. State, 47 Ind. 568....382 Williams v. Venner, 53 Ind. 396..229 Williams v. Wilbur, 67 Ind. 42..511 Wills v. Ross, 77 Ind. 1........88, 312 Wilson v. Clark, 11 Ind. 385..20, 454 Wilson v. Shorick, 21 Iowa, 332..115 Wilson v. Trafalgar, etc., G. R. Co., 93 Ind. 287..

..287 Wilson v. Wilson, 86 Ind. 472...459 Wingate v. Wilson, 53 Ind. 78... 81 Winship v. Block, 96 Ind. 446.... 23 Wirebach v. First Nat'l Bank, 97 Pa. St. 543..... Wontner v. Shairp, 4 Man. G. & S. 404....

.437

93

.220

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.464 Wood v. Dwarris, 11 Exch. 493...464 Wood v. U. S., 16 Pet. 342.......................113 Woods v. Sherman, 71 Pa. St. 100..313 Worley v. Moore, 97 Ind. 15......546 Worley v. Northwestern M. A. Ass'n, 10 Fed. Rep. 227 Wren v. City of Indianapolis, 96 Ind. 206... Wright v.Kleyla, 104 Ind. 223.237,400 Wright v. Mutual Benefit Ass'n, 43 Hun, 61.........

..130

.414

..464

Wright v. Wright, 97 Ind. 444...236, 402

JUDGES

OF THE

SUPREME COURT

OF THE

STATE OF INDIANA,

DURING THE TIME OF THESE REPORTS

HON. BYRON K. ELLIOTT. *+

HON. ALLEN ZOLLARS. § 1

HON. JOSEPH A. S. MITCHELL. ||

HON. WILLIAM E. NIBLACK. §
HON. GEORGE V. HOWK. §

Chief Justice at the November Term, 1886.
Term of office commenced January 3d, 1887.
Chief Justice at the May Term, 1887.
Term of office commenced January 1st, 1883.
Term of office commenced January 6th, 1885.

(xx)

OFFICERS

OF THE

SUPREME COURT.

CLERK,
WILLIAM T. NOBLE.

SHERIFF,

MYRON NORTH.

LIBRARIAN,

CHARLES E. COX.

(xxi)

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF JUDICATURES

OF THE

STATE OF INDIANA,

AT INDIANAPOLIS, NOVEMBER TERM, 1886, IN THE SEVENTY-
FIRST YEAR OF THE STATE.

No. 12,888.

DONALD v. KELL.

JUDGMENT.-Enforcement of.-Bankruptcy.—Character of Debt.-Where the enforcement of a judgment is sought to be defeated by a discharge in bankruptcy, it is proper to look behind it to the character of the debt upon which it is founded; and if it is ascertained that the debt belongs to a class upon which the discharge does not operate, the judgment will be enforced.

SAME. Revival of Judgment.-Rights of Third Parties.-Record.-Adminis trator.- Wrongful Conversion.—Where, in such case, a judgment is sought to be revived and enforced against real estate acquired by the debtor after his discharge in bankruptcy, and by him sold to a third party, and the record shows that the action in which the judgment was rendered was upon a promissory note, executed by the debtor in his individual capacity, the judgment will not be revived or enforced against such third party, although, in fact, the note on which the judgment was rendered had been given by the debtor to his successor, as administrator, for moneys belonging to the estate, which had been wrongfully converted by the former to his own use.

SAME.-Pleading.—Answer.— Unnecessary Averments.-Where an answer to a complaint to revive and enforce a judgment against one who has been discharged in bankruptcy shows that the judgment is founded on a

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