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 59
Page 14
... supra , has held that it applies only to those cases in which the defendant is not in possession . There is good reason for such construction , for if a defendant in possession should be permitted to disclaim or suffer a default and ...
... supra , has held that it applies only to those cases in which the defendant is not in possession . There is good reason for such construction , for if a defendant in possession should be permitted to disclaim or suffer a default and ...
Page 67
... from that of Evansville , etc. , R. R. Co. v . Duel , supra , for that case , if we correctly understand the decision rendered , is to the effect that a The Lake Shore and Michigan Southern Railway Company v . NOVEMBER TERM , 1893 . 67.
... from that of Evansville , etc. , R. R. Co. v . Duel , supra , for that case , if we correctly understand the decision rendered , is to the effect that a The Lake Shore and Michigan Southern Railway Company v . NOVEMBER TERM , 1893 . 67.
Page 72
... supra , and the case of Baker v . Pyatt , supra , present the two ex- treme views . The first case holds that no complaint , when attacked by demurrer , can be cured by verdict or finding , and a reversal must follow ; while the latter ...
... supra , and the case of Baker v . Pyatt , supra , present the two ex- treme views . The first case holds that no complaint , when attacked by demurrer , can be cured by verdict or finding , and a reversal must follow ; while the latter ...
Page 74
... supra . But in view of the decisions of the Supreme Court , to which we have alluded , we do not feel at liberty to go to the extent of holding that a complaint defective in mat- ter of substance can be cured by a special finding . Is ...
... supra . But in view of the decisions of the Supreme Court , to which we have alluded , we do not feel at liberty to go to the extent of holding that a complaint defective in mat- ter of substance can be cured by a special finding . Is ...
Page 81
... supra . But the testimony was proper for another reason . The appellee's theory was that the transaction constituting the alleged transfer was fraudulent , and that it was made with the intent and for the purpose of hindering , cheat ...
... supra . But the testimony was proper for another reason . The appellee's theory was that the transaction constituting the alleged transfer was fraudulent , and that it was made with the intent and for the purpose of hindering , cheat ...
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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.