Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 26Indiana. 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, 1867 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
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Results 1-5 of 76
Page xv
... BILL OF EXCEPTIONS CONTAINING THE EVIDENCE . RULE 22. - In every bill of exceptions purporting to set out the evi- dence , upon motion for a new trial overruled , it must be stated , in appropri- ate language , that all the evidence ...
... BILL OF EXCEPTIONS CONTAINING THE EVIDENCE . RULE 22. - In every bill of exceptions purporting to set out the evi- dence , upon motion for a new trial overruled , it must be stated , in appropri- ate language , that all the evidence ...
Page 16
... bill or note , or other con- tract , for the payment of money at a particular place , it shall not be necessary to aver or prove a demand at the place , but the opposite party may show a readiness to pay such demand at the proper place ...
... bill or note , or other con- tract , for the payment of money at a particular place , it shall not be necessary to aver or prove a demand at the place , but the opposite party may show a readiness to pay such demand at the proper place ...
Page 18
... bill of par- ticulars of which , amounting to the sum of $ 34 , is filed with the complaint , ) and also by injuring said lot , house and stable to the plaintiff's damage , $ 1,000 . The defendant demurred to the complaint , because it ...
... bill of par- ticulars of which , amounting to the sum of $ 34 , is filed with the complaint , ) and also by injuring said lot , house and stable to the plaintiff's damage , $ 1,000 . The defendant demurred to the complaint , because it ...
Page 27
... bill of exchange . It was averred in the complaint that the plain- tiff's indorsed the bill before maturity , " by procurement of the defendants ; " that the holder presented it at maturity at , & c . , when payment was refused and the ...
... bill of exchange . It was averred in the complaint that the plain- tiff's indorsed the bill before maturity , " by procurement of the defendants ; " that the holder presented it at maturity at , & c . , when payment was refused and the ...
Page 28
... bill " by procurement of the defendants , " was neither necessary nor proper in the complaint - it was no part of the plaintiffs ' original case , and required no proof . If that naked fact was of any legal force at all , it could only ...
... bill " by procurement of the defendants , " was neither necessary nor proper in the complaint - it was no part of the plaintiffs ' original case , and required no proof . If that naked fact was of any legal force at all , it could only ...
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Common terms and phrases
action administrator affidavit alleged amount answer appellant appellee assessment assigned authority averment bank bill bond cause Circuit Court claimed common law Common Pleas complaint constitution contract costs creditors damages debt deed defendant demurrer denial discharge duty error Evansville evidence execution fact fee simple filed Franklin Township garnishee guardian held Hyer and Norton indictment injury intended issue J. W. Gordon J.-This Jeffersonville Railroad Company judgment is affirmed judgment is reversed jury justice land liable lien ment Miami county mill mortgage motion ne exeat notice objection overruled owner paid party payment person plaintiff premises proceedings promissory note provides purchase money question real estate record recover rendered replevin rule rule in Shelley's second paragraph sheriff statute Stowman sufficient suit surety sustained term testator thereof tion township train trial trustee Turnpike Company usury verdict void wife writ
Popular passages
Page 304 - States; and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right in every State and Territory in the United States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for...
Page 302 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Page 498 - The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant.
Page 498 - The principle of public policy is this: Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 82 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.
Page 123 - The Legislature shall provide for a uniform and equal rate of taxation, and shall prescribe such regulations as shall secure a just valuation of all property, both real and personal, excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious, or charitable purposes.
Page 320 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Page 83 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction.
Page 431 - 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 304 - All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.