Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volume 10Bowen-Merrill Company, 1895 "With tables of the cases reported and cases cited and an index." (varies) |
From inside the book
Results 1-5 of 87
Page 8
... sufficient if the substance of the issues be proved . Puterbaugh v . Puterbaugh , 131 Ind . 288 . A special verdict is not to be scrutinized and ex- amined as with a microscope to bring to light infinitessi- mal defects and subtle and ...
... sufficient if the substance of the issues be proved . Puterbaugh v . Puterbaugh , 131 Ind . 288 . A special verdict is not to be scrutinized and ex- amined as with a microscope to bring to light infinitessi- mal defects and subtle and ...
Page 9
... sufficient facts are well found . We do not believe the court can remove inconsistencies and uncertainties in a verdict in this way . To accede to this proposition would be to establish a dangerous precedent . It is the province of the ...
... sufficient facts are well found . We do not believe the court can remove inconsistencies and uncertainties in a verdict in this way . To accede to this proposition would be to establish a dangerous precedent . It is the province of the ...
Page 17
... sufficient consideration for the bond . It is further insisted that no suit could be maintained . upon the bond , for the reason that no forfeiture is shown to have been taken upon the same . But no forfeiture is necessary in the case ...
... sufficient consideration for the bond . It is further insisted that no suit could be maintained . upon the bond , for the reason that no forfeiture is shown to have been taken upon the same . But no forfeiture is necessary in the case ...
Page 40
... sufficient to meet such require- ments . The appellant was , therefore , in duty bound to prove that the money advanced to McClure was furnished to and received by the latter to enable him to pay his traveling expenses , and to meet ...
... sufficient to meet such require- ments . The appellant was , therefore , in duty bound to prove that the money advanced to McClure was furnished to and received by the latter to enable him to pay his traveling expenses , and to meet ...
Page 50
... sufficient reasons , discharged by the appellee . Many objections are urged against the validity of the contract relied upon , and upon which the alleged release is founded . The controlling questions arising from these objections are ...
... sufficient reasons , discharged by the appellee . Many objections are urged against the validity of the contract relied upon , and upon which the alleged release is founded . The controlling questions arising from these objections are ...
Contents
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733 | |
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Common terms and phrases
Administrator Admr agent alleged amount answer appellant's appellee's averment Board of Commissioners bond Catholic Benevolent Legion cause of action charge Chicago and Erie Chicago and St Circuit Court claim complaint condition consideration construed contract court erred crossing damages Davis death decedent defective defendant defendant's demurrer duty employes engine entitled Erie Railroad erred in overruling errors assigned Evansville evidence ex rel facts favor filed Franklin College Indiana Indianapolis injury insisted instructions J.-The appellee Jesse Davis Judgment affirmed jury Lake lant lant's liability Louis and Pittsburgh McClure ment mortgage motion negligence parties payment pellant pellee Pennsylvania Co Pennsylvania Company person Pittsburgh Railroad plaintiff pleading proper question R. W. Co reason record recover refused relief rendered reversed Rial Benjamin Roseboom rule Section special finding statute sufficient supra sustained Terre Haute theory thereof tion track trial court verdict witness
Popular passages
Page 202 - Where a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.
Page 68 - 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 537 - No carrier shall be liable for loss or damage not occurring on its own road or its portion of the through route, nor after said property is ready for delivery to the next carrier or to consignee.
Page 390 - The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.
Page 328 - Every contracting party has an absolute right to rely on the express statement of an existing fact, the truth of which is known to the opposite party and unknown to him, as the basis of a mutual agreement...
Page 643 - The other error assigned Is that the court erred In overruling the motion of appellant for a new trial.
Page 601 - A counter-claim i's any matter arising out of or connected with the cause of action which might be the subject of an action in favor of the defendant, or which would tend to reduce the plaintiff's claim or demand for damages.
Page 222 - ... premises, but that it is sufficient if it appears that the circumstances surrounding the act of commission or omission are such as "evinced a reckless disregard for the safety of others, and a willingness to Inflict the InJury complained of.
Page 684 - A special contract Is one with peculiar provisions or stipulations not found in the ordinary contract relating to the same subject-matter. These provisions are such which, if omitted from the ordinary contract, the law will never supply.
Page 87 - The record further shows that "the court sustained the objection, to which ruling of the court the plaintiff, by counsel, at the time excepted.