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 12
It is insisted that , as the property was taken possession of since the adoption of
the new constitution , the appellees had an ample remedy at law , without a resort
to a mandate . This proposition is based upon the provision of that instrument ...
It is insisted that , as the property was taken possession of since the adoption of
the new constitution , the appellees had an ample remedy at law , without a resort
to a mandate . This proposition is based upon the provision of that instrument ...
Page 45
He can waive the constitutional and legal privilege of trial by jury . He can waive
the constitutional and legal privilege of being a second time put in jeopardy . And
shall it be said that he cannot waive his privilege of being present when his ...
He can waive the constitutional and legal privilege of trial by jury . He can waive
the constitutional and legal privilege of being a second time put in jeopardy . And
shall it be said that he cannot waive his privilege of being present when his ...
Page 93
The governor may determine , even against the decision of a board of
canvassers , whether an applicant is entitled to receive a commission or not ,
where the objection to his right to receive it rests upon the ground that a
constitutional ...
The governor may determine , even against the decision of a board of
canvassers , whether an applicant is entitled to receive a commission or not ,
where the objection to his right to receive it rests upon the ground that a
constitutional ...
Page 95
... of this case , any shield for him in his refusal to act ; because he admits , by his
demurrer , that Wallace , the person therein named , is totally and absolutely
ineligible to the office , by virtue of the constitutional probibition already adverted
to .
... of this case , any shield for him in his refusal to act ; because he admits , by his
demurrer , that Wallace , the person therein named , is totally and absolutely
ineligible to the office , by virtue of the constitutional probibition already adverted
to .
Page 96
... objection to his right to receive it rests upon the ground that a constitutional
prohibition is interposed . As to the second branch of the objection . It is made the
duty of the governor to issue commissions in certain cases , and to certain officers
.
... objection to his right to receive it rests upon the ground that a constitutional
prohibition is interposed . As to the second branch of the objection . It is made the
duty of the governor to issue commissions in certain cases , and to certain officers
.
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Common terms and phrases
action admitted affidavit agreed agreement alleged amount answer APPEAL appellee applied assignment attorney authority averred bill cause cent charged Circuit Court claim Common Pleas complaint consideration constitution contract costs Court of Common damages decided deed defendant demand demurrer denial dollars effect error evidence exceptions execution fact filed finding follows give given granted ground heirs held husband indictment interest issue judge judgment is affirmed June jury land matter ment Miller mortgage motion necessary notice objection opinion overruled paid paragraph party payment person plaintiff pleading possession present prison proceedings proper prosecution prove purchase question Railroad reason received record recover reference refused rendered reversed rule sold statute sufficient suit sustained taken Term thereof tion trial trust 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...