Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volumen28
Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Lewis Griffiths, John Worth Kern, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1868
"With tables of the cases and principal matters" (varies).
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action administrator affidavit agreed agreement alleged allowed amended amount answer appellant appellee applied assigned authority averred award bank bill bond canal cause charged Circuit Court claim Common Pleas complaint consideration contained contract costs damages defendant demurrer directions entitled error evidence exceptions execution facts failed filed finding follows fraud further give given ground hands held injury instruction interest issued judge judgment jury justice land matter ment motion notice objection overruled paid paragraph parties payment person plaintiff pleaded possession presented proceedings proper purchase question Railroad reason received record recover reference refused relation rendered reply reversed road rule sold statute sufficient suit sustained taken term thereof third tion trial trustees verdict wife witness
Página 266 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Página 119 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Página 413 - The defendant may set forth In his answer as many grounds of defense, counterclaim and set-off, whether legal or equitable, as he shall have.
Página 177 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Página 178 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Página 494 - The rule for casting interest, when partial payments have been made, is to apply the payment, in the first place, to the discharge of the interest then due. If the payment exceeds the interest, the surplus goes towards discharging the principal, and the subsequent interest is to be computed on the balance of principal remaining due.
Página 330 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Página 384 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Página 169 - As to the second sort of bailment, viz. commodatum, or lending gratis, the borrower is bound to the strictest care and diligence to keep the goods, so as to restore them back again to the lender ; because the bailee has a benefit by the use of them, so as if the bailee be guilty of the least neglect he will be answerable...