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 39
... Error cannot be assigned upon the ruling on an application for a change of venue . The Courts will scarcely tolerate a second application on the same ground , at the same term , for a continuance . The defendant , in a criminal case ...
... Error cannot be assigned upon the ruling on an application for a change of venue . The Courts will scarcely tolerate a second application on the same ground , at the same term , for a continuance . The defendant , in a criminal case ...
Page 43
... Error cannot be assigned on these rulings . Perk . Pr . 60 . He applied for a continuance . It was denied . He re- peated the application on the same ground , upon a second affidavit . It was denied . Courts , on account of the ...
... Error cannot be assigned on these rulings . Perk . Pr . 60 . He applied for a continuance . It was denied . He re- peated the application on the same ground , upon a second affidavit . It was denied . Courts , on account of the ...
Page 44
... error that the Court erred in proceeding with the trial during the absence of the defendant . The constitution and laws provide that a defendant in a criminal case shall be present at his tria !. This is for a two - fold object- 1. That ...
... error that the Court erred in proceeding with the trial during the absence of the defendant . The constitution and laws provide that a defendant in a criminal case shall be present at his tria !. This is for a two - fold object- 1. That ...
Page 45
... errors below by silent acquiescence , was not heard upon them in this Court , and was executed . We are forced to the conclusion , then , that the assign- ment of error we are now considering , cannot avail the appellant . Indeed , the ...
... errors below by silent acquiescence , was not heard upon them in this Court , and was executed . We are forced to the conclusion , then , that the assign- ment of error we are now considering , cannot avail the appellant . Indeed , the ...
Page 58
... ERROR to the Allen Circuit Court . HANNA , J. - This was a suit in chancery under the old practice , originally brought by McIntosh against Barbara Townsend , to set aside a deed for a tract of land , made by one Wolcott to said Barbara ...
... ERROR to the Allen Circuit Court . HANNA , J. - This was a suit in chancery under the old practice , originally brought by McIntosh against Barbara Townsend , to set aside a deed for a tract of land , made by one Wolcott to said Barbara ...
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Common terms and phrases
affidavit affirmed with costs agreement alleged amount Amy Miller answer APPEAL appellant appellee applied appraisement laws assignment attorney authority averred bill of exceptions Blackf cause of action Cause remanded cent charged Circuit Court claim Common Pleas complaint constitution contract Court of Common Curiam.-The judgment damages and costs deed defendant demand demurrer denial dollars error Evansville evidence executed fact fee simple filed heirs held husband Indiana indictment issue J. W. Gordon J.-Suit John Clem judgment is affirmed judgment is reversed June June 13 jurisdiction jury land lien ment Miller mortgage motion offense overruled paid paragraph party payment person plaintiff pleading possession prison proceedings promissory note prosecution purchase purchase-money question Railroad real estate record recover refused rendered resulting trust reversed with costs rule Sharp Wilkins sold statute sufficient suit sustained Term thereof tion trial trust usury 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...