Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volume 27Levey Bros., contractors for the state, 1902 With tables of cases reported and cited, and statutes cited and construed, and an index. |
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Page 486
... with which it is connected . ( 3 ) The intention of the party making the annexation to make the article a permanent accession to the freehold . " Citing Teaff v . Hewitt , 1 Ohio St. 511 , 530 , 59 Am . Dec. 634 ; Potter v . Cromwell ...
... with which it is connected . ( 3 ) The intention of the party making the annexation to make the article a permanent accession to the freehold . " Citing Teaff v . Hewitt , 1 Ohio St. 511 , 530 , 59 Am . Dec. 634 ; Potter v . Cromwell ...
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action agent alleged amount answer appellant appellant's appellee appellee's assigned Assn averred bill of exceptions Board Burns cause Circuit Court claim conclusions of law contract contributory negligence conveyance corporation counsel court erred creditors crossing damages debt deed defendant demurrer dividends entitled equity error evidence executed facts favor fee simple feet filed granted grantor held Henry county Holliday horse husband Indiana Indianapolis injury insolvent issue John Lesher John Ulmer Judgment affirmed jury land lant's lien Marion Trust ment Miller mortgage motion negligence overruling owner paid party payment pellant person petition plaintiff pleading premium purchase question quiet title railroad Randolph county real estate received record recover refused rule Rush County special finding statute stockholders street struck jury supra sustained thereof ticket tion track train trial court verdict Wabash wife witness
Popular passages
Page 242 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 60 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 613 - Indian within its jurisdiction the equal protection of the law, and .every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty...
Page 464 - The income out of which the mortgagee is to be paid is the net income obtained by deducting from the gross earnings what is required for necessary operating and managing expenses, proper equipment, and useful improvements. Every railroad mortgagee in accepting his security impliedly agrees that the current debts made in the ordinary course of business shall be paid from the current receipts before he has any claim upon the income.
Page 544 - ... other, to buy in an outstanding title and appropriate the whole subject to himself and thus undermine and oust his companion. It would be repugnant to a. sense of refined and accurate justice. It would be immoral, because it would be against the reciprocal obligation to do nothing to the prejudice of each other's equal claim, which the relationship of the parties as joint devisees created.
Page 243 - It is certainly a maxim,' said Lord Mansfield, 'that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.
Page 524 - When an accusation in writing, verified by the oath of any person, is presented to a superior court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office...
Page 426 - The cause was submitted to the court for trial without a jury, and evidence introduced.
Page 58 - A lien created by or obtained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process or a judgment by confession, which was begun against a person within four months before the filing of a petition in bankruptcy by or against such person shall be dissolved by the adjudication of such person to be a bankrupt if...
Page 43 - Appellant assigns as errors the refusal of the court to direct a verdict in his favor and the overruling of his motion for a new trial.