Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 24Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1866 "With tables of the cases and principal matters" (varies). |
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action administrator affirmed agreement alleged amount answer appellant appellee application assigned authority averment bill bond cause charge Circuit Court claim Common Pleas complaint consideration constitute contract conveyance conveyed costs damages decree deed defendant delivered delivery demurrer directed duties entitled error evidence exceptions executed express facts filed finding give given hands Held highway husband instructions interest issue judge judgment jurisdiction jury justice land lots matter mortgage motion notice objection opinion original overruled paid paragraph party person petition plaintiff possession present proceedings proper provides purchase question railroad real estate reason received record recover refused regarded relation rendered resident reversed road rule secure sell sheriff signed sold statute sufficient suit sustained taken term thereof tion trial verdict wife witness
Popular passages
Page 514 - The question whether a law be void for its repugnancy to the Constitution is at all times a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 472 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 317 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 6 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 32 - 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 372 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 498 - If the principal send his commodity to a place, where it is the ordinary business of the person to whom it is confided to sell, it must be intended that the commodity was sent thither for the purpose of sale. If the owner of a horse send it to a repository of sale, can it be implied that he sent it thither for any other purpose than that of sale? Or if one send goods to an auction room, can it be supposed that he sent them thither merely for safe custody?
Page 551 - ... restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff...
Page 84 - In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made, to be substituted in the action.
Page 331 - The judgment is reversed, with costs, and the cause remanded for a new trial.