Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 10
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, 1858 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
Other editions - View all
9 Ind affidavit affirmed with costs agreement alleged amount answer appellant appellee assigned authority avers bill of exceptions Blackf bond cause of action Cause remanded cent charge Circuit Court cited claim commenced common law Common Pleas complaint constitution contract Court of Common Curiam.-The judgment damages and costs debt deed defendant demand demurrer deposition dollars error Evansville evidence execution facts fendant filed follows fraud given HANNA held Indianapolis instruction issue J. W. Gordon J.-This judge judgment is affirmed judgment is reversed June June 19 June 23 jury justice land ment mortgage motion notice objection overruled paid paragraph pari delicto party payment person plaintiff pleadings proceedings promissory note question RAILR'D Railroad Co railroad company record recover refused reversed with costs road rule set-off sheriff statute subscription sufficient suit sustained Term thereof tion township trial verdict witness
Page 82 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Page 312 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Page 522 - In prosecutions for the publication of papers investigating the official conduct of officers, or men, in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
Page 64 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 208 - 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 174 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 175 - ... 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.
Page 81 - The power of legislation, and, consequently, of taxation, operates on all the persons and property belonging to the body politic. This is an original principle, which has its foundation in society itself. It is granted by all, for the benefit of all.
Page 64 - 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.
Page 321 - The writing, it is true, may be read by the light of surrounding circumstances, in order more perfectly to understand the intent and meaning of the parties ; but, as they have constituted the writing to be the only outward and visible expression of their meaning, no other words are to be added to it, or substituted in its stead.