Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volum 14Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1861 "With tables of the cases and principal matters" (varies). |
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Side 92
... paragraph of an answer denying the competency of the plaintiff to sue , would be palpably inconsistent with a prior one admitting such competency . See Hamar v . Dimmick , at this term ( 3 ) ; and 9 How . Pr . R. 289 , 67 ; 10 id . 44 ...
... paragraph of an answer denying the competency of the plaintiff to sue , would be palpably inconsistent with a prior one admitting such competency . See Hamar v . Dimmick , at this term ( 3 ) ; and 9 How . Pr . R. 289 , 67 ; 10 id . 44 ...
Side 107
... paragraph , and exception was taken . The cause was tried by the Court , and resulted in a finding for the plaintiff . The defendant moved for a new trial , but no written reasons appear to have been filed . The motion was overruled and ...
... paragraph , and exception was taken . The cause was tried by the Court , and resulted in a finding for the plaintiff . The defendant moved for a new trial , but no written reasons appear to have been filed . The motion was overruled and ...
Side 115
... paragraph of the answer which would bar a recovery , the defendant has a right to judgment on the pleadings ; but if he fail to assert that right in the lower Court by a proper motion , he cannot be allowed to avail himself in the ...
... paragraph of the answer which would bar a recovery , the defendant has a right to judgment on the pleadings ; but if he fail to assert that right in the lower Court by a proper motion , he cannot be allowed to avail himself in the ...
Side 116
... paragraphs- 1. They deny all the allegations in the complaint , except the several assignments to Woods and Martindale , and the deed to the latter . 2. They set up the execution of the bond and lease to Montague , and aver that he ...
... paragraphs- 1. They deny all the allegations in the complaint , except the several assignments to Woods and Martindale , and the deed to the latter . 2. They set up the execution of the bond and lease to Montague , and aver that he ...
Side 117
... paragraph of the answer sus- tained . To the third there was no reply . Verdict for the plaintiff , upon which the Court , having refused a new trial , rendered judgment , & c . The record contains the evidence . It consists of the bond ...
... paragraph of the answer sus- tained . To the third there was no reply . Verdict for the plaintiff , upon which the Court , having refused a new trial , rendered judgment , & c . The record contains the evidence . It consists of the bond ...
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affidavit affirmed with costs agreement alleged amount Amy Miller answer APPEAL appellant appellee applied appraisement laws assignment attorney authority averred bill of exceptions Blackf cause of action Cause remanded cent charged Circuit Court claim Common Pleas complaint constitution contract Court of Common Curiam.-The judgment damages and costs deed defendant demand demurrer denial dollars error Evansville evidence executed fact fee simple filed heirs held husband Indiana indictment issue J. W. Gordon J.-Suit John Clem judgment is affirmed judgment is reversed June June 13 jurisdiction jury land lien ment Miller mortgage motion offense overruled paid paragraph party payment person plaintiff pleading possession prison proceedings promissory note prosecution purchase purchase-money question Railroad real estate record recover refused rendered resulting trust reversed with costs rule Sharp Wilkins sold statute sufficient suit sustained Term thereof tion trial trust usury verdict wife witness
Populære avsnitt
Side 598 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Side 240 - 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.
Side 78 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Side 114 - ... but that it rather falls within that principle which gives to the owner of the soil all that lies beneath his surface ; that the land immediately below is his property, whether it is solid rock, or porous ground, or venous earth, or part soil or part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Side 136 - That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state...
Side 598 - A father, or in case of his death or desertion of his family, the mother...
Side 229 - 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.
Side 551 - All the forms of pleading heretofore existing are abo ished ; and, hereafter, the forms of pleading in civil actions in courts of record, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed by this act.
Side 137 - Court, and the defendant shall, at the time of entering his appearance in such State Court, file a petition for the removal of the cause for trial into the next Circuit Court, to be held in the district where the suit is pending...
Side 598 - ... the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years. The damages cannot exceed...