Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 46
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 Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1875 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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action agent alleged amount answer appear appellant appellee apply asked assessment assigned attachment attorney authority averred bond cause cents charge Circuit Court claim commissioners common pleas complaint constitute contract corporation costs counsel decided decision deed defendant demand demurrer dollars error et al evidence execution existence facts failed filed finding follows further give given granted ground held hundred instructions interest issue judge judgment jurisdiction jury justice land license ment motion necessary notice objection opinion overruled Owen paid paragraph parties payment person plaintiff possession present proceedings proper question real estate reason received record recover reference refused rendered reply reversed road ruling says statute sufficient suit sustained taken term thereof third thousand tion town trees trial wife witness
Page 520 - ... give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
Page 97 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 110 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 358 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 466 - Bench held that they were warranted in so doing, for they might presume that the first wife was living at the time of the second marriage.
Page 482 - States shall have, possess and exercise the same jurisdiction, in matters of contract and tort arising in, upon or concerning steamboats and other vessels of twenty tons burden and upwards, enrolled and licensed for the coasting trade, and at the time employed in the business of commerce and navigation between ports and places in different states and territories...
Page 165 - The following actions shall be commenced within six years next after the cause of action accrues, and not afterwards, * * * actions of replevin, and all other actions for taking, detaining, or injuring goods or chattels.
Page 342 - A right of way may also arise by act and operation of law : for, if a man grants me a piece of ground in the middle of his field, he at the same time tacitly and impliedly gives me a way to come at it ; and I may cross his land for that purpose without trespass°.
Page 359 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 359 - Assembly ; or when at any time a vacancy shall have occurred in any other State office, or in the office of judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified.