Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Τόμος 13Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1860 "With tables of the cases and principal matters" (varies). |
Αναζήτηση στο βιβλίο
Αποτελέσματα 1 - 5 από τα 69.
Σελίδα 7
... applying . Physical possibility is not what is meant , when it is said that if a verbal contract may be performed within the year , it is binding . Or to speak ex- actly , it is not enough that the thing stipulated may be accomplished ...
... applying . Physical possibility is not what is meant , when it is said that if a verbal contract may be performed within the year , it is binding . Or to speak ex- actly , it is not enough that the thing stipulated may be accomplished ...
Σελίδα 21
... application of principles well set- tled to the facts of this case . The point we desire the Court to review arises on the sixth paragraph of the answer . We contend the demurrer should have been sustained to that paragraph , not ...
... application of principles well set- tled to the facts of this case . The point we desire the Court to review arises on the sixth paragraph of the answer . We contend the demurrer should have been sustained to that paragraph , not ...
Σελίδα 22
... application of this principle would work great and numerous hardships . A large proportion of the daily transactions of the community are to be affected by it . We insist that this case does not fall within the statute of frauds ...
... application of this principle would work great and numerous hardships . A large proportion of the daily transactions of the community are to be affected by it . We insist that this case does not fall within the statute of frauds ...
Σελίδα 23
... application to the contract set up in the com- plaint . ( 4 ) The following is an abridgement of the argument of Messrs . Morrison , Ray , and O'Neal . There is no error in the case except against the appellee . 1. The demurrer to the ...
... application to the contract set up in the com- plaint . ( 4 ) The following is an abridgement of the argument of Messrs . Morrison , Ray , and O'Neal . There is no error in the case except against the appellee . 1. The demurrer to the ...
Σελίδα 46
... application for a change of venue must be made and sup- ported by the affidavit of the party , in person . The affidavit of his attorney will not compel the change . There are exceptions to this rule ; as , in suits by or against ...
... application for a change of venue must be made and sup- ported by the affidavit of the party , in person . The affidavit of his attorney will not compel the change . There are exceptions to this rule ; as , in suits by or against ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action affidavit affirmed with costs agreement alleged amount answer APPEAL appellants appellee application assigned authority avers bill Blackf bond carrier Cause remanded cents champerty Circuit Court claim common carriers common law Common Pleas complaint consignee contract Court of Common Curiam.-The judgment damages and costs debts December December 16 deed defendant delivered demurrer divorce dollars entitled error et ux evidence execution fact fendant filed fraud held husband Indiana indorsed issue J.-Suit judgment is affirmed judgment is reversed jurisdiction jury justice land law merchant liable MCQUIGG ment misjoinder mortgage motion notice overruled paid paragraph party payment performed person plaintiff pleading possession proceedings promissory note question Railroad Co railroad company real estate received record recover refused rendered reversed with costs rule sold statute statute of frauds sued sufficient suit sustained taken Term thereof tion trial verdict void wife Wilson witness
Δημοφιλή αποσπάσματα
Σελίδα 8 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be In writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Σελίδα 87 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Σελίδα 83 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Σελίδα 8 - Unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Σελίδα 230 - Conn. 293, where a testator devised property in trust for a grandson, who was, at the date of the will and at the death of the testator...
Σελίδα 301 - Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
Σελίδα 191 - Two things have been confounded together. A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.
Σελίδα 240 - No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length.
Σελίδα 120 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Σελίδα 87 - But this does not prevent an inquiry into the jurisdiction of the court in which the original judgment was given, to pronounce it; or the right of the State itself to exercise authority over the person or the subject-matter.