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 vii
In original cases in chancery , all extrinsic objections to depositions or other
exhibits , must be made before the final hearing of the cause . X. The clerk of this
Court shall not permit the papers , in any cause , to be taken from his office or
from ...
In original cases in chancery , all extrinsic objections to depositions or other
exhibits , must be made before the final hearing of the cause . X. The clerk of this
Court shall not permit the papers , in any cause , to be taken from his office or
from ...
Page viii
When a cause in error is called , which has been docketed more than 90 days
before the term , and there is no appearance for the defendant ( process not
having been served 10 days nor taken out 60 days before the term ) , the suit
shall be ...
When a cause in error is called , which has been docketed more than 90 days
before the term , and there is no appearance for the defendant ( process not
having been served 10 days nor taken out 60 days before the term ) , the suit
shall be ...
Page 11
But Railro's Co. we know of no statute by which the right of executors , & c . , to
sue in the justice's Court is taken away . That right , with limitations as to amounts
, existed before the enactment of the statute quoted . The justices ' act appears to
...
But Railro's Co. we know of no statute by which the right of executors , & c . , to
sue in the justice's Court is taken away . That right , with limitations as to amounts
, existed before the enactment of the statute quoted . The justices ' act appears to
...
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 21
APPEAL from the Grant Court of Common Pleas . Saturday , January 14 , Per
Curiam . - Suit by the appellee against the appel- 1860 . lants on a note , and
judgment by default . The errors assigned will not be noticed , as no steps were
taken ...
APPEAL from the Grant Court of Common Pleas . Saturday , January 14 , Per
Curiam . - Suit by the appellee against the appel- 1860 . lants on a note , and
judgment by default . The errors assigned will not be noticed , as no steps were
taken ...
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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...