Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 23
Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, John Worth Kern, Augustus Newton Martin, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1865 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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affidavit affirmed agreement alleged amount answer appellant appellee attorney authority averment bill Blackf bond Catterlin cause of action charged Circuit Court claimed Clifford Clinton township common law Common Pleas complaint constitution contract conveyance costs creditors damages debt deceased decree deed defendant defendant's demurrer denial duty entitled error evidence execution facts filed Floyd county fraud given held Hendricks county Ibid Indiana Indianapolis indictment issue judge judgment jurisdiction jury justice land matter ment mortgage motion opinion overruled paid party payment person plaintiff pleading possession proceedings provides purchase question Railroad Company real estate record recover refused rendered replevin reversed rule second paragraph secure sheriff Smith sold statute statute of frauds sued sufficient suit Supreme Court sustained term thereof tion trial trustee usurious verdict Vincennes University Wabash Railway wheat wife witness writ
Page 433 - 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 166 - A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
Page 130 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure, or sale for the payment of any debt, or liability hereafter contracted.
Page 135 - When the death of one is caused by the wrongful act or omission of another the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years.
Page 336 - ... an abuse, because it is the usurpation of a power which the people of a single state cannot give." The court said, in that case, that " the states have no power. by taxation, or otherwise, to retard, impede, burden, or in any manner control the operation of the constitutional laws enacted by congress to carry into execution the powers vested in the general government.
Page 145 - In construing this clause it would be incorrect, and would produce endless difficulties, if the opinion should be maintained that no law was authorized which was not indispensably necessary to give effect to a specified power. Where various systems might be adopted for that purpose, it might be said with respect to each, that it was not necessary, because the end might be obtained by other means. Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive...
Page 337 - to borrow money on the credit of the United States." The stock it issues is the evidence of a debt created by the exercise of this power. The tax in question is a tax upon the contract subsisting between the government and the individual. It bears directly upon that contract, while subsisting and in full force. The power operates upon the contract the instant it is framed, and must imply a right to affect that contract. If the states and corporations...
Page 112 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 333 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.