Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volum 66
Indiana. 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, 1880
"With tables of the cases and principal matters" (varies).
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alleged amount appellant appellant's appellee appellee's assault and battery assigned attorney auditor authority averred bill of exceptions Blackf Board of Commissioners bond cause of action charged Childs & Co Circuit Court claim complaint contract conviction counsel court erred damages day of March Dearborn County deceased decision deed defendant demurrer Donnell Dykes and Baker el al Elkhart entitled error et ux evidence ex rel execution facts Farnsley felony fendant filed held Henry Baugh highway hundred dollars Indiana Indianapolis indictment instruction issue judgment is affirmed jury justice land lien ment mortgage motion non est factum offence opinion overruled paid paragraph of answer party payment pellant person plaintiff pleaded prison promissory note prosecution question real estate record refused rendered rule second paragraph Shelby county sheriff special finding special verdict statute sufficient suit surety sustained term therein thereof tion trial wife witness
Side 534 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Side 315 - When cross demands have existed between persons, under such circumstances, that if one had brought an action against the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two demands must be deemed compensated, so far as they equal each other.
Side 434 - A fact must not be inferred without premises that will warrant the inference; but if no fact could thus be ascertained, by inference in a court of law, very few offenders could be brought to punishment.
Side 522 - The obligation of a contract includes everything within its obligatory scope. Among these elements nothing is more important than the means of enforcement. This is the breath of its vital existence. Without it, the contract, as such, in the view of the law, ceases to be, and falls into the class of those
Side 227 - No person shall be put in jeopardy twice for the same offence, nor be compelled in any criminal prosecution to testify against himself.
Side 244 - Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.
Side 523 - The remedy subsisting in a State when and where a contract is made and is to be performed is a part of its obligation, and any subsequent law of the State which so affects that remedy as substantially to impair and lessen the value of the contract is forbidden by the Constitution, and is therefore void.
Side 43 - No court or judge shall inquire into the legality of any judgment or process, whereby the party is in custody, or discharge him when the term of commitment has not expired in either of the cases following: First.
Side 421 - The plea of res judicata applies, except in special cases, not only to the points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.