Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 112Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1888 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
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Page 16
... sustain this motion , Plotz then moved to dismiss the attachment proceedings against the coal - float , upon the ... sustained , and accordingly rendered a judgment . for the sale of the coal - float and its furniture and apparel to ...
... sustain this motion , Plotz then moved to dismiss the attachment proceedings against the coal - float , upon the ... sustained , and accordingly rendered a judgment . for the sale of the coal - float and its furniture and apparel to ...
Page 20
... sustained both by precedent and authority ; and as there is no such limitation upon the authority of the Legislature in this State , the city of Jeffersonville is , and long has been , in full pos- session of the power to fix the rates ...
... sustained both by precedent and authority ; and as there is no such limitation upon the authority of the Legislature in this State , the city of Jeffersonville is , and long has been , in full pos- session of the power to fix the rates ...
Page 21
... practice . Where , in such a proceeding , a demurrer has 112 21 113 15 113 178 114 209 118 380 112 21 130 130 112 21 132 330 112 168 88889 21 586 Hutchinson v . Trauerman . been sustained to the original MAY TERM , 1887 . 21.
... practice . Where , in such a proceeding , a demurrer has 112 21 113 15 113 178 114 209 118 380 112 21 130 130 112 21 132 330 112 168 88889 21 586 Hutchinson v . Trauerman . been sustained to the original MAY TERM , 1887 . 21.
Page 22
... sustained to the original affidavit , the plaintiff may be allowed to amend and proceed as in other civil actions ... sustain , or tend to sustain , the decision of the trial court on every material issue , the judgment will be reversed ...
... sustained to the original affidavit , the plaintiff may be allowed to amend and proceed as in other civil actions ... sustain , or tend to sustain , the decision of the trial court on every material issue , the judgment will be reversed ...
Page 25
... sustain such demurrer and hold such affidavit to be insufficient . In such a case we think it was competent for the court , under the provisions of section 342 , R. S. 1881 , to allow the plain- tiff to amend his original affidavit ...
... sustain such demurrer and hold such affidavit to be insufficient . In such a case we think it was competent for the court , under the provisions of section 342 , R. S. 1881 , to allow the plain- tiff to amend his original affidavit ...
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Common terms and phrases
administrator affidavit alleged amount answer appellant appellee appellee's attorney authority averred Bank bill of exceptions board of commissioners bond cause of action Chicago Circuit Court cited City civil township claim clerk complaint construction contract costs creditors cross-complaint crossings damages debt defendant demurrer duty entitled error Evansville evidence ex rel executed executor facts fence Filed Nov held Indianapolis indictment injury issued Jacob Rubush Jarboe Jeffersonville John McIntire Judgment affirmed jury land land-owner liable lien Louis Louisville ment Morgan County mortgage motion negligence notice overruled paragraph party payment Pennsylvania Co person petition plaintiff plat pleading proceedings prosecuting provides question R. R. Co railroad company railway company real estate reason record recover rule statute struck jury sufficient suit supra surety sustained term Terre Haute therein thereof tion town township track train trial court trustee void
Popular passages
Page 356 - No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion Of its capital.
Page 205 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 8 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 422 - The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred : the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance, in the administration of justice, that these separate functions should be maintained, and should be maintained distinct.
Page 137 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 411 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Page 137 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 415 - ... it. It was possible for the defendant so to have constructed the guard, that such an accident as this could not have happened; and this, so far as appears, could have been done without unreasonable expense or trouble. If the defendant ought to have foreseen that such an accident might happen, of if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence.
Page 378 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 79 - ... that business in the mind of the public the right to the mark or name is lost, despite the existence of purely subjective "intent...