Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 13
Indiana. 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, 1860 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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action affidavit affirmed with costs agreement alimony alleged amount answer APPEAL appellants appellee application assigned authority avers bill Blackf bond carrier Cause remanded cents champerty Circuit Court claim common carriers common law Common Pleas complaint consignee contract Court of Common Curiam.—The judgment damages and costs debts December December 15 deed defendant delivered demurrer divorce dollars entitled error evidence execution fact fendant filed fraud held husband Indiana Indianapolis indorsed issue judgment is affirmed judgment is reversed jurisdiction jury justice land law merchant liable Logansport McQuigg ment misjoinder mortgage motion notice overruled paid paragraph party payment performed person plaintiff pleading possession proceedings promissory note question railroad company real estate received record recover refused rendered replevin reversed with costs rule sold statute statute of frauds sued sufficient suit sustained taken Term thereof tion trial verdict void wife Wilson witness
Page 6 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be In writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 85 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Page 81 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Page 6 - Unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Page 228 - Conn. 293, where a testator devised property in trust for a grandson, who was, at the date of the will and at the death of the testator...
Page 299 - Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
Page 189 - Two things have been confounded together. A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.
Page 238 - No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length.
Page 118 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.