Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 111
Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1887 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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action agent agreed agreement alleged amount answer appear appellant appellant's appellees application assessment assigned auditor authority averred bank become benefit bond cause charged Circuit Court City claim commissioners complaint conclusion consideration constitute construction contract costs counsel debt defendant demurrer direct discharge duty effect engineer entered entitled error et al evidence executed facts filed finding follows fund further give given held hold instructions interest issued judge judgment jury land liable matter ment mortgage motion named necessary notice paid paragraph party payment perform person plaintiff pleaded possession presented principal proceedings proper purchaser question railroad real estate reason received record refused rendered respect rule secure statute sufficient suit surety sustained taken term thereof tion trial witness
Page 91 - the use of general terms, or anything less than a distinct specific agreement clearly expressed and indorsed on the policy, shall not be construed as a waiver of any printed or written condition or restriction therein.
Page 229 - Bigelow, where suit was brought by the riparian claimants against persons claiming portions of the 'sunk lands' by virtue of independent purchase thereof, the court held that the plaintiffs must succeed, if at all, on the strength of their own title and not on the weakness of their adversary's, and the decree of the chancery court dismissing plaintiff's bill to quiet title was affirmed.
Page 122 - ... said fund, upon satisfactory evidence of the death of said member, and upon the surrender of this certificate; provided that said member is in good standing in this order at the time of his death; and provided also that this certificate shall not have been surrendered by said member, and another certificate issued at his request, in accordance with the laws of this order.
Page 54 - God, and deeply deplores : and having made an assignment of all his property for the benefit of all his creditors...
Page 594 - Contributory negligence, in its legal signification, is VOL. 111.— 38 Citizens Street Railway Company ». Twiname. such an act or omission on the part of a plaintiff, amounting to a want of ordinary care, as, concurring or co-operating with the negligent act of the defendant, is a proximate cause or occasion of the injury complained of.
Page 216 - This duty he cannot delegate to a servant so as to exempt himself from liability for injuries caused to another servant by its omission. Indeed, no duty required of him for the safety and protection of his servants can be transferred, so as to exonerate him from such liability.
Page 560 - In the consideration of the questions which are presented upon an appeal, the Supreme Court shall not regard technical errors or defects or exceptions to any decision or action of the Court below, which did not, in the opinion of the Supreme Court, prejudice the substantial rights of the defendant.
Page 374 - ... to any such office before the taking effect of this constitution (except as in this constitution otherwise provided), shall continue in office until the term for which such person has been or may be elected...
Page 201 - ... page 43, Record B of the records of this court, be amended by interlineation, so as to show that the cause was submitted on the reply of the plaintiff to defendant's answer, among other pleadings, and the amendment is accordingly made." A trial by jury having been waived on written stipulation of the parties, the cause was submitted to the court for trial. The court made a finding of the facts substantially as aforesaid respecting the judgment obtained In the state court, and the nunc pro tune...
Page 224 - The cause was put at issue and tried by the court ; and, at the appellants' request, the court made a special finding of the facts, and stated its conclusions of law thereon, in favor of the appellees, the defendants below. Over the appellants' exceptions to the conclusions of law, the court rendered judgment against them for appellees