Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volume 28 (Google eBook)
Levey Bros. & Company, Contractor for the State, 1902 - Law reports, digests, etc
With tables of cases reported and cited, and statutes cited and construed, and an index.
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alleged amended complaint answer appellant appellee appellee's assignment of error Assn averred bond bound car Burns cause of action Circuit Court claim conclusions of law construction contract contributory negligence conveyance counsel court erred cross-complaint crossing damages danger David Holliday debts decedent deed defendant appeals demurrer duty employe estoppel evidence ex rel executed facts fee simple feet filed fraud guardian heirs Indiana Indianapolis instructions interrogatories Judge Judgment affirmed judgment for plaintiff jury land lease license lien loan lumber ment mortgage negligence notice obstruction overruled owner paid paragraph parties payment pellant pellee Pike township Pittsburgh plaintiff pleading purchase question quiet title railroad company real estate reason reversed rule special finding statute street sufficient supra Supreme Court sureties sustained Terre Haute thereof thereto tion town township track train Treschman trial court verdict West Lebanon wife witness
Page 33 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 503 - ... subject to all claims which the state may have thereon for taxes or other liens or incumbrances...
Page 354 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 672 - One of the tests that a contract has been impaired is, that its value has by legislation -been diminished. It is not by the Constitution to be impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, — dispensing with any part of its force.
Page 479 - The trial resulted in a verdict and judgment in favor of appellee for $500.
Page 100 - I do also authorize and empower him if it shall become necessary in order to pay my debts to sell by private sale or in such manner upon such terms of credit or otherwise as he may think proper all or any part of my real estate and deeds to purchasers to execute acknowledge and deliver in fee simple.
Page 421 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 51 - ' a statement of the facts constituting the cause of action, in ordinary, and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
Page 432 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.