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9 Ind Administrator Admr aforesaid agent agreement Albany and Chicago alleged amended amount answer appellant appellant's appellee appellee's assessment assignment of errors averred Bartenick bill cause of action charge Chicago and St Circuit Court City claim complaint contract contributory negligence counsel court erred damages debts defendant defendant's demurrer duty entitled erred in overruling error assigned Evansville evidence facts favor Filed Feb furnished Indianapolis Indianapolis Union Railway injury instruction interrogatories Judgment affirmed Judgment reversed jury land lant lant's liable lien Lindley Louisville material ment motion negligence Oolitic owner paid parties payment pellant pellee person plaint plaintiff pleading Porter county Posey County purchaser question Railroad Company real estate reason record recover refused rendered reversible error rule second paragraph sell statute street sufficient Sullivan & Wood supra sustained thereof tion track trial court Western Union Yellow river
Page 23 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does 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 92 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 146 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the...
Page 675 - In every case involving actionable negligence, there are necessarily three elements essential to its existence: (1) The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains ; (2) a failure by the defendant to perform that duty ; and (3) an Injury to the plaintiff from such failure of the defendant.
Page 94 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting debt, which the party is liable and willing to pay.
Page 226 - In support of their demurrer on the ground " that the complaint does not contain facts sufficient to constitute a cause of action," defendants make the claim that no penalties have accrued because no statute requires the filing of an annual report.
Page 589 - So a licensee, who enters on premises by permission only, without any enticement, allurement, or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. He goes there at his own risk, and enjoys the license subject to its concomitant perils.
Page 330 - I further certify that the foregoing is a full, true and complete copy of the proposed new Charter so voted upon and ratified as aforesaid.
Page 94 - ... unqualified and direct admission of a previous, subsisting debt, which the party is liable and willing to pay. If there be accompanying circumstances, which repel the presumption of a promise or intention to pay; if the expressions be equivocal, vague and indeterminate, leading to no certain conclusion, but at best to probable inferences, which may affect different minds in different ways, we think they ought not to go to a jury as evidence of a new promise to revive the cause of action.