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the judges of our circuit court in chancery, by the bill of complaint of A. B. to our said judges lately exhibited, and supported by the oath of the said A. B. that you the said defendants are combining to injure the said coinplainant, that you unjustly, as it is alleged, prosecute the said complainant at law, and have issued an execution against him in a certain suit at law wherein the said R. L. was plaintiff and the said A. B. was defendant, and that your actings and doings therein are contrary to equity and good conscience. We therefore, in consideration of the premises, do strictly injoin and command you and each and every of you, under the penalty of two thousand dollars, that you and each of you do absolutely desist and refrain from all further proceedings at law, against the said A. B. or against his bail, on the judgment in favour of the said R. L. mentioned in the said bill of complaint, until you the said R. L. shall fully answer the said bill, and until our said circuit court shall make further order to the contrary.
Witness Charles King clerk of our said court,
and the seal thereof hereto affixed, at (SEAL.] in the said county of this 20th day of July, A. D. 1832.
CHARLES KING, CIk.
W An injunction is served, by showing the original, and delivering a true copy thereof to the party personally, unless the court, under particular circumstances, dispense with the personal service, as where the defendant cannot be found, or resides abroad; in such cases, the court will, on affidavit, substitute a service upon the attorney or solicitor. Blake, 402. Hinde, 559. An injunction will generally be dissolved when an answer is put in, denying all the equity of the bill; but the continuing, as well as the granting of injunctions rests in the discretion of the court, to be governed by the circum. stances of each particular case. Johns. Ch. Rep. 202, 205.
W This writ may be granted by two associate judges in vacation, after bill filed, supported by oath or affirmation, as in the case of an injunction; and the party applying for it must give bond in the clerk's office in such sumn and with such security as the judges granting the same may direct, conditioned for the payment of all damages the defendant may sustain, if it shall appear that said writ was obtained without a just cause. And the judges granting the writ shall also endorse thereon, in what penalty bond with security shall be required of the defendant. Rev. L. 396. The writ is usually directed to the sheriff, to cause the defendant to find security that he will not depart from the stale without the leave of the court, and on his refusal to find such secu. rity to the sheriff, to commit him to prison. Blake, 409, 2 Mad. 183. If the defendant, after giving bond, shall go out of the state, and return before his appearance in court is required, or before it is necessary for bim to perform any order of the court, such departure will not be considered a breach of the condition of his bond. Rev. L. 397.
The bill, after setting forth the circumstances of the complainant's demand in common form, concludes with a prayer for the writ of ne exeat, and also for a subpoena; on which the judges endorse their order allowing the writ.
The order endorsed.
We the undersigned associate judges of the Orange circuit court, having perused the within bill and affidavit, are of opinion that a ne excat should be granted, and we accordingly allow the same to be issued, so soon as the complainant shall have given bond in the clerk's office, with John Stiles and Daniel Pugh his sureties, in the sum of two thousand dollars, conditioned as the law directs; and we further order that the defendant be held to bail in the sum of fifteen hundred dollars.
Know all men by these presents that we Abner Bond, John Stiles, and Daniel Pugh, of Orange county and state of Indiana, are held and firmly bound unto Charles Dickson of said county in the sum of two thousand dol.
fars, lawful money of the United States, for the payment of which, well and truly to be made and done we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 20th day of July, A. D. 1832.
The condition of the above obligation is such, that whereas the honourable John Doe and Richard Roe, associate judges of the Orange circuit court, have this day granted a writ of ne exeat, in favour of the said Abner Bond, against the said Charles Dickson; now if the said Abner Bond shall well and truly pay, to the said Charles Dickson, all the damages which he the said Charles may have sustained by reason of the said writ in case it shall hereafter appear that the said writ was obtained without a just cause, then the above obligation is to be void and of none effect, otherwise to be and remain in full force and virtue in law.
ABNER BOND, SEAL.]
DANIEL PUGH, SEAL.] Signed, sealed, and delivered in the Clerk's office in presence of Ezra Stiles, Cľk.
Writ of Ne exeat.
State of Indiana, Orange county, to-wit:
The state of Indiana, to John Quigley sheriff of O. range county, GREETING:
Whereas it is represented to the honourable the judges of our Orange circuit court, by the bill of complaint of Abner Bond complainant, against Charles Dickson defendant, supported by the oath of the said Abner Bond, that he the said Charles Dickson is greatly indebted to him the said Abner Bond, and designs quickly to go
into parts without the state of Indiana, which will tend greatly to the prejudice and damage of the said Abner; you are therefore hereby commanded, that without delay, you cause the said Charles Dickson to come before you, and give bond with sufficie it security in the sum of fifteen hundred dollars that he the said Charles Dickson will not depart from the state of Indiana without leave of our said circuit court. And in case the said Charles Dickson shall refuse to give such security, then you are to commit him the said Charles to prison, there to remain in safe custody until he shall do so of his own accord, or be otherwise legally discharged. And when you have taken such security, you are forthwith to make and return a certificate thereof to our said court, plainly and distinctly under your seal, together with this writ.
Witness Ezra Stiles, clerk of our said court and
the seal thereof hereunto affixed, at Paoli in [SEAL.] the said county the 20th day of July, A. D. 1832.
EZRA STILES, Cl’k,
There is, in each county in this state, a probate court, consisting of one judge, who is elected by the qualified voters of the proper county, for the term of seven years. The probate courts are courts of record, and have original jurisdiction in all matters relating to the probate of last wills and testaments, the granting of letters testamentary, letters of administration, and of guardianship, and the settlement and distribution of decedents' estates. They also have cognizance of all suits, at law and in chancery, upon all demands, and causes of action, against executors, administrators, guardians, and their securities and representatives; and have authority to carry the powers, usually exercised by courts of law and chancery, into full and complete effect. Rev. L. 155, 177.
Each progate judge, before entering on the duties of his office, takes an oath to the purport following, to-wit:
You solemnly swear, that you will support the constitution of the United States, and the constitution of the state of Indiana, and that you will, to the best of your ability and judgment, faithfully discharge the duties of your office, as judge of the probate court of county; as you shall answer to God; [or, so help you God.)
Administrators and erecutors.
Where no person offers, in due time, to administer on the estate of a decedent, any person interested may apply to the probate court, to appoint an administrator, or to cite an executor te prove the will. The widow or next of kin, of the intestate, has a right to administration; but if neither the widow nor kindred apply, creditors are next intitled; and if neither kindred nor creditors apply, administration may be granted to any suitable person who will accept thereof. Rev. L. 158.
Petition for the appointment of an Administrator.
To the honorable John Doe, judge of the probate court of Madison county; The petition of John Dickson, of said county, respectfully sheweth; that Richard Roe, of said county, lately died intestate; that Barbara Roe, the widow and relict of the said decedent, is still living, and John Roe and William Roe, of said county, are surviving brothers of the decedent.
Inasmuch as no person has taken administration of the estate of the said decedent, your petitioner, being a creditor, therefore prays, that the widow and next of kin of the said decedent may be cited to appear in this honorable court, and take letters of administration of said estate, or renounce their right so to do, and that an administrator may be duly appointed. And your petitioner will pray, &c. June 10th, 1832.
Petition, that executors may be cited to prove a will.
To the honorable John Doe, judge of the probate court of Madison county; The petition of John Dick-on, of said county, respectfully sheweth; That Richard Roe of said county lately died, having previously made his last will and testament in writing, and appointed John Roe and William Roe executors thereof; and inasmuch as the said John and William have hitherto neglected to make probate of the said will according to law, your petitioner, being a creditor of the estate of the said testator, therefore prays, that the said executors may be cited to appear in this honorable court. and make probate of