Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, 22권Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1864 "With tables of the cases and principal matters" (varies). |
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9 페이지
... thereof . A party may undoubtedly plead in bar of a part of a cause of action . Where he pleads in bar of the whole , matter which only bars a part , the pleading has been held in numer- ous cases to be bad ; but where he pleads in bar ...
... thereof . A party may undoubtedly plead in bar of a part of a cause of action . Where he pleads in bar of the whole , matter which only bars a part , the pleading has been held in numer- ous cases to be bad ; but where he pleads in bar ...
10 페이지
... thereof without appraisement . Matheny consented that the sale should take place without appraisement , and he could not be heard to say that the sale was void for the want of appraisement . The maxim , " that to which a person assents ...
... thereof without appraisement . Matheny consented that the sale should take place without appraisement , and he could not be heard to say that the sale was void for the want of appraisement . The maxim , " that to which a person assents ...
12 페이지
... thereof , it was void as against Stockwell . What we have said we believe covers all the questions made in the case , unless it be whether the verdict is sustained by Crisman v . Smith , Administrator . the evidence . 12 SUPREME COURT ...
... thereof , it was void as against Stockwell . What we have said we believe covers all the questions made in the case , unless it be whether the verdict is sustained by Crisman v . Smith , Administrator . the evidence . 12 SUPREME COURT ...
43 페이지
... thereof , for a sum greater than the balance due , has the right , against junior creditors in whose favor executions are , at the time , in the hands of such sheriff , to retain the overplus to an amount sufficient to satisfy the sum ...
... thereof , for a sum greater than the balance due , has the right , against junior creditors in whose favor executions are , at the time , in the hands of such sheriff , to retain the overplus to an amount sufficient to satisfy the sum ...
45 페이지
... thereof does not appear in this record . By the statute a replevin bail , in an instance when he pays the judgment , can have execution on the same , for his ben- efit , against the principal . 2 G. & H. 309 . If this statute alone , or ...
... thereof does not appear in this record . By the statute a replevin bail , in an instance when he pays the judgment , can have execution on the same , for his ben- efit , against the principal . 2 G. & H. 309 . If this statute alone , or ...
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affidavit aforesaid agent alleged amount answer appellant appellee applied assessment authority averred Bartholomew County bill of exceptions Blackf Board of Commissioners bond cause of action cent Circuit Court City of Aurora claim Common Pleas complaint Congress Constitution contract corporation costs Crassens creditors Curiam.-The judgment damages deed defendant demurrer dollars duty estopped estoppel evidence ex rel execution fact fee simple filed fraud given granted held Ibid illegal Indiana indorsed issued J.-This judgment is affirmed jury justice land legal tender liable lien matter ment mortgage motion notice overruled paid paragraph party payment Peoria Marine persons plaintiff pleading proceedings promissory note purchaser question railroad company real estate received record recover rendered replevin road rule sheriff sold statute sued suit sureties taxes term Terre Haute thereof tion treasurer trial trust verdict
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291 페이지 - The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states — fixing the standard of weights and measures throughout the United States — regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated...
289 페이지 - The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
216 페이지 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
216 페이지 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
392 페이지 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
291 페이지 - No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
68 페이지 - That an act done, for another, by a person not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well-established rule of law.
25 페이지 - It Is in the general true that the province of an appellate court is only to inquire whether a judgment when rendered was erroneous or not. But if, subsequent to the judgment, and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied.
366 페이지 - To make by-laws or private statutes for the bet[ 476 ] ter government of the corporation ; which are binding upon themselves, unless contrary to the laws of the land, and then they are void.
225 페이지 - How far this principle is to affect subsequent or collateral contracts, the direct and immediate consideration of which is not immoral or illegal, is a question of considerable intricacy, on which many controversies have arisen, and many decisions have been made.