Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 17Indiana. 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, 1862 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
From inside the book
Results 1-5 of 100
Page 4
... entitled to have damages assessed against Down- ing on his default , because the matter pleaded did not defeat the liability of Downing . Herein the case differs from that of Sutherlin et al . v . Mullis , at the present term , post , p ...
... entitled to have damages assessed against Down- ing on his default , because the matter pleaded did not defeat the liability of Downing . Herein the case differs from that of Sutherlin et al . v . Mullis , at the present term , post , p ...
Page 8
... entitled to partition thereof . The uncertainty in the description can not be regarded in the same light as the omission of a fact necessary to be stated , in order to constitute a cause of action . The uncertainty in the description ...
... entitled to partition thereof . The uncertainty in the description can not be regarded in the same light as the omission of a fact necessary to be stated , in order to constitute a cause of action . The uncertainty in the description ...
Page 10
... entitled to a new trial , as provided for in 1861 . BROWN V. MAULSBY . other cases involving titles , without cause shown ; but this point need not be decided , as it does not arise . Miller , in this case , did not come and ask leave ...
... entitled to a new trial , as provided for in 1861 . BROWN V. MAULSBY . other cases involving titles , without cause shown ; but this point need not be decided , as it does not arise . Miller , in this case , did not come and ask leave ...
Page 17
... entitled thereto a deed for the premises sold , & c . These facts are admitted by the demurrer , and the question to settle is , are they sufficient to defeat a recovery on the mortgage ? It must be conceded that the mortgage and ...
... entitled thereto a deed for the premises sold , & c . These facts are admitted by the demurrer , and the question to settle is , are they sufficient to defeat a recovery on the mortgage ? It must be conceded that the mortgage and ...
Page 18
... entitled to recover the purchase money advanced . There are other points of error made by the appellant , but the ground assumed in this opinion renders a notice of them unimportant . Per Curiam . - The judgment is reversed , with costs ...
... entitled to recover the purchase money advanced . There are other points of error made by the appellant , but the ground assumed in this opinion renders a notice of them unimportant . Per Curiam . - The judgment is reversed , with costs ...
Other editions - View all
Common terms and phrases
ademption affidavit agreement alleged amend amount appellant appellee assigned authority averred bank bill of exceptions Blackf bond Borland cause of action Cause remanded cent charge Circuit Court claim Common Pleas complaint consideration contract conveyance creditors Curiam.-The judgment damages and costs debt December December 14 deed default demurrer denial entitled error evidence execution facts fee simple filed foreclosure fraud given Gordias Held Huldah hundred dollars Indiana indorsed instructions interest issue J.-Suit John judgment is affirmed judgment is reversed jurisdiction jury land liable ment mortgage motion notice November 29 overruled paid paragraph Parker Tyler party payable payment plaintiff pleading possession premises proceedings promissory note provision purchase money question Railroad Co real estate record recover refused rendered replevin rule sold statute sued sufficient suit surety sustained Term thereof tion trial usury verdict wife witness
Popular passages
Page 208 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may 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.
Page 421 - When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the...
Page 72 - That words, in general, are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another can be collected, and that other can be ascertained...
Page 197 - 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.
Page 4 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 134 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted ; and there shall be no imprisonment for debt, except in case of fraud.
Page 144 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
Page 246 - ... falsely and maliciously spoke and published, of and concerning the plaintiff, and of and concerning him in the way of his said profession or business, the false, scandalous, malicious, and defamatory words following, that is to say, He...
Page 338 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 170 - ... a ministerial act is one which a public officer or agent is required to perform upon a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, and without regard to his own judgment or opinion concerning the propriety or impropriety of the act to be performed.