Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Τόμος 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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Αποτελέσματα 1 - 5 από τα 71.
Σελίδα 50
... original suit , or the discovery of cumulative witnesses to a litigated fact , is not sufficient . It must be different , and of a very decided and controlling character . 3 J. J. Marsh . 492 ; 6 Madd . 127 ; Story's Eq . Pl . § 413 ...
... original suit , or the discovery of cumulative witnesses to a litigated fact , is not sufficient . It must be different , and of a very decided and controlling character . 3 J. J. Marsh . 492 ; 6 Madd . 127 ; Story's Eq . Pl . § 413 ...
Σελίδα 55
... original payee , he has against his assignee . 2 G. & H. §§ 3 , 6 , p . 658 . The failure of Kirkman to comply with his agreement with Rawlings , to substitute the notes of the latter for those of Kirkman and Rawlings to Small , gave ...
... original payee , he has against his assignee . 2 G. & H. §§ 3 , 6 , p . 658 . The failure of Kirkman to comply with his agreement with Rawlings , to substitute the notes of the latter for those of Kirkman and Rawlings to Small , gave ...
Σελίδα 56
... original bond of an executor is not liable for the misappropriation of money received from the sale of real estate , unless such sale was directed by the will . APPEAL from the Ripley Common Pleas . ELLIOTT , C. J. - This was a suit by ...
... original bond of an executor is not liable for the misappropriation of money received from the sale of real estate , unless such sale was directed by the will . APPEAL from the Ripley Common Pleas . ELLIOTT , C. J. - This was a suit by ...
Σελίδα 57
... original bond of the former , as executor of Archibald Oldham , deceased , and who had been removed for malfeasance in office . Several breaches of the bond are assigned in the complaint ; the third of which is , in substance , as ...
... original bond of the former , as executor of Archibald Oldham , deceased , and who had been removed for malfeasance in office . Several breaches of the bond are assigned in the complaint ; the third of which is , in substance , as ...
Σελίδα 58
... original ) bond of the executor , for the proceeds of the real estate sold by him under an order of the court , and for which he is required by the statute to execute a separate bond . The demurrer , however , was correctly overruled ...
... original ) bond of the executor , for the proceeds of the real estate sold by him under an order of the court , and for which he is required by the statute to execute a separate bond . The demurrer , however , was correctly overruled ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
administrator affidavit agreement alleged amount answer appellant appellee assigned attorney authority averment Babcock bond cause of action cause remanded Circuit Court claim commissioners common carrier Common Pleas complaint constitute contract conveyance conveyed costs damages decree deed defendant delivered delivery demurrer entitled equity error escrow evidence executed executor facts fee simple filed fraud given Held highway husband Indiana Indianapolis instructions interest issue J. W. Gordon judgment is affirmed judgment is reversed jurisdiction jury justice land Madison Martinsville matter mortgage motion notice objection overruled Owen county paid paragraph party payment petition plaintiff pleadings possession proceedings promissory note proper provides purchase money Putnam County question railroad company real estate record recover refused rendered replevin resident rule sheriff sheriff's sale sold Somers statute Stineman sufficient suit Supreme Court surety sustained term thereof tion Tipton county trial verdict void wife
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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?
Σελίδα 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...
Σελίδα 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.
Σελίδα 331 - The judgment is reversed, with costs, and the cause remanded for a new trial.