Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 42

Front Cover
"With tables of the cases and principal matters" (varies).
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Other editions - View all

Common terms and phrases

Popular passages

Page 444 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Page 72 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Page 105 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Page 633 - We may lay it down, as a broad general principle, that wherever one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 560 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 79 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought into its purview.
Page 553 - ... liquors are to be sold therein, or who, having leased the same for other purposes, shall knowingly permit therein the sale of any...
Page 290 - For the recovery of real property, or of an estate or Interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 73 - But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious is by considering the reason and spirit of it or the cause which moved the legislator to enact it.
Page 72 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together.

Bibliographic information