Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 14Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1861 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
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Page 17
... answer was filed . A jury was waived , and the January 14 , matters submitted to the Court . Judgment for the plain- tiff . It is insisted that there was a trial without an issue , and therefore an error . The failure to answer was ...
... answer was filed . A jury was waived , and the January 14 , matters submitted to the Court . Judgment for the plain- tiff . It is insisted that there was a trial without an issue , and therefore an error . The failure to answer was ...
Page 19
... answer , or a copy of it , was not filed with the answer . 2. The notes were payable in cash , and the written agreement gave a privilege to discharge them in railroad bonds . It will bear that construction as pleaded , and the ...
... answer , or a copy of it , was not filed with the answer . 2. The notes were payable in cash , and the written agreement gave a privilege to discharge them in railroad bonds . It will bear that construction as pleaded , and the ...
Page 32
... answer purporting to go in bar of the whole cause of action , but setting up facts in bar of a part only , is bad on demurrer . Assumpsit lay to recover the stipulated price due on a special contract not under seal , where the contract ...
... answer purporting to go in bar of the whole cause of action , but setting up facts in bar of a part only , is bad on demurrer . Assumpsit lay to recover the stipulated price due on a special contract not under seal , where the contract ...
Page 33
... answer , if good in other respects , is fatally defective Nov. Term , in setting up facts which at most could only bar 100 dol- lars , in bar of a much larger claim . The plea professes to answer the whole cause of action , but sets up ...
... answer , if good in other respects , is fatally defective Nov. Term , in setting up facts which at most could only bar 100 dol- lars , in bar of a much larger claim . The plea professes to answer the whole cause of action , but sets up ...
Page 57
... answer of heirs who were made parties in licu of their de- ceased parent , and no other means was resorted to to test its sufficiency , but a replication was filed taking issue upon it , it was held that no objection could be raised in ...
... answer of heirs who were made parties in licu of their de- ceased parent , and no other means was resorted to to test its sufficiency , but a replication was filed taking issue upon it , it was held that no objection could be raised in ...
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Common terms and phrases
affidavit affirmed with costs agreement alleged amount Amy Miller answer APPEAL appellant appellee applied appraisement laws assignment attorney authority averred bill of exceptions Blackf cause of action Cause remanded cent charged Circuit Court claim Common Pleas complaint constitution contract Court of Common Curiam.-The judgment damages and costs deed defendant demand demurrer denial dollars error Evansville evidence executed fact fee simple filed heirs held husband Indiana indictment issue J. W. Gordon J.-Suit John Clem judgment is affirmed judgment is reversed June June 13 jurisdiction jury land lien ment Miller mortgage motion offense overruled paid paragraph party payment person plaintiff pleading possession prison proceedings promissory note prosecution purchase purchase-money question Railroad real estate record recover refused rendered resulting trust reversed with costs rule Sharp Wilkins sold statute sufficient suit sustained Term thereof tion trial trust usury verdict wife witness
Popular passages
Page 598 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 240 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 78 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 114 - ... but that it rather falls within that principle which gives to the owner of the soil all that lies beneath his surface ; that the land immediately below is his property, whether it is solid rock, or porous ground, or venous earth, or part soil or part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Page 136 - That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state...
Page 598 - A father, or in case of his death or desertion of his family, the mother...
Page 229 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 551 - All the forms of pleading heretofore existing are abo ished ; and, hereafter, the forms of pleading in civil actions in courts of record, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed by this act.
Page 137 - Court, and the defendant shall, at the time of entering his appearance in such State Court, file a petition for the removal of the cause for trial into the next Circuit Court, to be held in the district where the suit is pending...
Page 598 - ... the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years. The damages cannot exceed...