Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 3
Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1853 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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acre affidavit affirmed with costs aforesaid afterwards agreement alleged amount appear appellee assigned assumpsit attorney averred award bank bill Blackf Blackford bond breach cause of action Cause remanded cents chancery charged Circuit Court co-parcener commenced common counts complainant contract conveyance Court of equity Curiam.—The judgment damages debt declaration deed defendant demand demurrer dollars evidence execution facts fendant filed given granted heirs Held Indiana indictment indorsed instruction issue J.—This John judge judgment is affirmed judgment is reversed jury justice land Matlock ment Michigan Central Railroad mortgage motion objection overruled paid party payment person plaintiff in error pleaded possession Probate Court promise promissory note proved purchase question Railroad received recover refused rendered replevin reversed with costs Rush county Sherry Smith sold statute sued suit sustained Term thereof tion to-wit tract trial usurious verdict William witness writ
Page 83 - ... the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided into two.
Page 512 - ... 2. The maximum amount of its capital stock and the number of shares into which it is to be divided, specifying the classes thereof, whether common or preferred, and the amount of, and rights pertaining to, each class.
Page 390 - W., being of lawful age, and by me examined separate and apart from her said husband...
Page 588 - Grantors in the above conveyance and acknowledged the signing and sealing thereof to be their voluntary act and deed for the uses and purposes therein mentioned.
Page 82 - If," says that learned judge, " there be a breach of contract or wrong done, or any other cause of action by one against another, and judgment be recovered in a court of record, the judgment is a bar to the original cause of action, because it is thereby reduced to a certainty, and the object of the suit attained...
Page 26 - ... that the government intended to diminish its power of accomplishing the end for which it was created. And in a country like ours, free, active and enterprising, continually advancing in numbers and wealth, new channels of communication are daily found necessary, both for travel and trade, and are essential to the comfort, convenience and prosperity of the people. A state ought never to be presumed to surrender this power, because, like the taxing power, the whole community have an interest in...
Page 320 - If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by plea or answer taken the objection, and therein specified, by name or description, the parties to whom the objection applies, the Court, if it shall think fit, shall be at liberty to make a decree saving the rights of the absent parties.
Page 206 - Receipt whereof is hereby acknowledged, hath Granted, Bargained, and Sold, and by these presents, Doth Grant, Bargain and Sell unto the said...