Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Τόμος 34Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1872 "With tables of the cases and principal matters" (varies). |
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Αποτελέσματα 1 - 5 από τα 91.
Σελίδα 18
... PLEADING . - Fraud . - Fraud cannot be pleaded without stating the facts consti- tuting it . PRINCIPAL AND SURETY . - Where one is about to take a note , with surety , from a person whom he knows to be insolvent , the mere fact that the ...
... PLEADING . - Fraud . - Fraud cannot be pleaded without stating the facts consti- tuting it . PRINCIPAL AND SURETY . - Where one is about to take a note , with surety , from a person whom he knows to be insolvent , the mere fact that the ...
Σελίδα 21
... pleading is bad , has been decided so often by this court , that to cite the cases would extend this opinion into needless prolixity . The fifth paragraph raises a more debatable question , but we are of opinion that that also was bad ...
... pleading is bad , has been decided so often by this court , that to cite the cases would extend this opinion into needless prolixity . The fifth paragraph raises a more debatable question , but we are of opinion that that also was bad ...
Σελίδα 25
... pleading , and the residue might have been stricken out as surplusage . The statements of the indebtedness of McNett to the defendant Ham , and the agreement between them as to the lien and the execution of a mortgage to secure the ...
... pleading , and the residue might have been stricken out as surplusage . The statements of the indebtedness of McNett to the defendant Ham , and the agreement between them as to the lien and the execution of a mortgage to secure the ...
Σελίδα 26
... pleading , with that which is material , it does not follow that , because it is alleged , it must , or can , be proved . We are of opinion , also , that no error was committed by the court in excluding the evidence of the insolvency of ...
... pleading , with that which is material , it does not follow that , because it is alleged , it must , or can , be proved . We are of opinion , also , that no error was committed by the court in excluding the evidence of the insolvency of ...
Σελίδα 28
... pleading should be overruled if such pleading contain any good paragraph . PARTIES . - Trustee of Express Trust . - Suit by A. on a promissory note made payable to A. ( for B. ) or order . Held , that A. was the trustee of an express ...
... pleading should be overruled if such pleading contain any good paragraph . PARTIES . - Trustee of Express Trust . - Suit by A. on a promissory note made payable to A. ( for B. ) or order . Held , that A. was the trustee of an express ...
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affidavit agreement alleged amount answer appellant appellee assessed assignment of error attorney authority bill of exceptions bill of lading Blackf Bloomington R. R. board of commissioners bond Brownsburg cause of action cent circuit court claim common council Common Pleas complaint consideration constitution contract costs court erred Crawfordsville Creek Turnpike damages debt deed defendant demurrer denial DOWNEY entitled Evansville evidence execution facts filed flour fraud Geiger Hartsville hundred dollars Indianapolis interrogatories issued J.-This Jay County jury Lafayette Lamb & Quinlin land lien McNett ment misjoinder mortgage motion Muncie objection overruled owner paid party payable payment person petition plaintiff pleading possession proceeding promissory note purchaser question railroad company real estate record refused rendered rule sold statute street sufficient suit surety sustained thereof tion Tippecanoe county township trial trustee verdict vote
Δημοφιλή αποσπάσματα
Σελίδα 208 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution,, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Σελίδα 196 - 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 29 - 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Σελίδα 198 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Σελίδα 194 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Σελίδα 223 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Σελίδα 469 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Σελίδα 418 - ... such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes.
Σελίδα 440 - 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.
Σελίδα 216 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.