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 8
The statute does not say that agreements to thus pay shall be binding only as to
fixed or certain sums , but is as to agreements to pay any sum , and we think
properly includes this agreement . As to the other error assigned , whether the ...
The statute does not say that agreements to thus pay shall be binding only as to
fixed or certain sums , but is as to agreements to pay any sum , and we think
properly includes this agreement . As to the other error assigned , whether the ...
Page 12
Where a contract for the sale and conveyance of land provided that the first
payment of the purchase - money should be made " by the first day of August , ” it
was held that an offer to pay on the 31st day of July , was not premature .
Where a contract for the sale and conveyance of land provided that the first
payment of the purchase - money should be made " by the first day of August , ” it
was held that an offer to pay on the 31st day of July , was not premature .
Page 13
It is further averred that , “ on the 31st day of July , 1857 , the plaintiff called on the
defendant and offered to pay him the full amount of the first payment , & c .; that
the defendant refused to accept the payment , and positively declared that he ...
It is further averred that , “ on the 31st day of July , 1857 , the plaintiff called on the
defendant and offered to pay him the full amount of the first payment , & c .; that
the defendant refused to accept the payment , and positively declared that he ...
Page 14
The language used is equivalent 1859 . to an express undertaking that the
payment should be made on or before the first day of August . The party in
McAllister . this case who was to make the payment , had the election as to the
time , within ...
The language used is equivalent 1859 . to an express undertaking that the
payment should be made on or before the first day of August . The party in
McAllister . this case who was to make the payment , had the election as to the
time , within ...
Page 19
Answer , that there was a separate agreement in writing that the notes , payable
on the face in cash , might be ... and order that , on failure to pay , & c . , so much
of the mortgaged premises as might be necessary therefor be sold as lands are ...
Answer , that there was a separate agreement in writing that the notes , payable
on the face in cash , might be ... and order that , on failure to pay , & c . , so much
of the mortgaged premises as might be necessary therefor be sold as lands are ...
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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...
Bibliographic information
| Title | Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 14 |
| Authors | Indiana. 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 |
| Edition | 2 |
| Publisher | Bobbs-Merrill Company, 1861 |
| Original from | Harvard University |
| Digitized | 16 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |