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). |
From inside the book
Page 25
The plaintiff contends that if the contract shown by the note was illegal , he had a
right to repudiate it and sue for and recover the horse for which the note was
given , or the value thereof . The other party insists that the contract was illegal ;
that ...
The plaintiff contends that if the contract shown by the note was illegal , he had a
right to repudiate it and sue for and recover the horse for which the note was
given , or the value thereof . The other party insists that the contract was illegal ;
that ...
Page 33
It is objected by the appellant that there could be no recovery under the complaint
for the house rent and pasturage , because ... Indebitatus assumpsit will lie to
recover the stipulated price due on a special contract not under seal , where the ...
It is objected by the appellant that there could be no recovery under the complaint
for the house rent and pasturage , because ... Indebitatus assumpsit will lie to
recover the stipulated price due on a special contract not under seal , where the ...
Page 62
Term , We think , in this view of the case , that the plaintiff 1859 . made out a
prima facie right to recover . The allegations MILLER in the answer , not in
response to the averments in the bill , BLACKBURN . required proof upon the
part of the ...
Term , We think , in this view of the case , that the plaintiff 1859 . made out a
prima facie right to recover . The allegations MILLER in the answer , not in
response to the averments in the bill , BLACKBURN . required proof upon the
part of the ...
Page 104
Monday , Víay 28 . APPEAL from the Shelby Circuit Court . Per Curiam . — This
was an action to recover money , and to enforce a vendor's lien . V. The
complaint did not aver that the defendants were 104 CASES IN THE SUPREME
COURT.
Monday , Víay 28 . APPEAL from the Shelby Circuit Court . Per Curiam . — This
was an action to recover money , and to enforce a vendor's lien . V. The
complaint did not aver that the defendants were 104 CASES IN THE SUPREME
COURT.
Page 105
This suit was brought to recover for an alleged failure to deliver the corn agreed
upon . Answer , in general denial , and in averment of a delivery of all the corn
according to agreement . Trial ; judgment for plaintiff for 15 dollars and costs .
This suit was brought to recover for an alleged failure to deliver the corn agreed
upon . Answer , in general denial , and in averment of a delivery of all the corn
according to agreement . Trial ; judgment for plaintiff for 15 dollars and costs .
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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 |