Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 15Indiana. 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, 1861 "With tables of the cases and principal matters" (varies). |
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Página vii
... MATTERS . BY BENJAMIN HARRISON , A. M. , OFFICIAL REPORTER . VOL . XV . CONTAINING THE CASES DECIDED AT THE NOVEMBER TERM , 1860 . MERRILL & COMPANY , INDIANAPOLIS , IND . 1861 . Entered according to Act of Congress , in the year.
... MATTERS . BY BENJAMIN HARRISON , A. M. , OFFICIAL REPORTER . VOL . XV . CONTAINING THE CASES DECIDED AT THE NOVEMBER TERM , 1860 . MERRILL & COMPANY , INDIANAPOLIS , IND . 1861 . Entered according to Act of Congress , in the year.
Página 14
... matter of general information , the uncer- tainty incident to the construction of railroads . They are generally ... matters first for the discretion of the corporation ; and , secondly , in case of great abuse , for the mandates of a ...
... matter of general information , the uncer- tainty incident to the construction of railroads . They are generally ... matters first for the discretion of the corporation ; and , secondly , in case of great abuse , for the mandates of a ...
Página 23
... matters of dispute between the parties , whether included in the complaint or not . Report by the referee , and judgment accordingly for B. and P. Execution was sued out upon the judgment , and a levy made upon lands of the company ...
... matters of dispute between the parties , whether included in the complaint or not . Report by the referee , and judgment accordingly for B. and P. Execution was sued out upon the judgment , and a levy made upon lands of the company ...
Página 24
... matters in controversy therein , and all matters in controversy between the parties , of every nature and kind whatsoever . " order of the Court in referring the case , shows that the parties appeared and , " waive all pleadings herein ...
... matters in controversy therein , and all matters in controversy between the parties , of every nature and kind whatsoever . " order of the Court in referring the case , shows that the parties appeared and , " waive all pleadings herein ...
Página 25
... matters alleged in the complaint , " 7 Ind . 51 ; and as that evidence was not in the record , Id . 58 ; that therefore we are not informed as to whether the evidence before the referee was confined to the matters in controversy ...
... matters alleged in the complaint , " 7 Ind . 51 ; and as that evidence was not in the record , Id . 58 ; that therefore we are not informed as to whether the evidence before the referee was confined to the matters in controversy ...
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affidavit agreement alleged amount answer appellant appellee apply assigned attorney authorized averred Blackf bond cause of action Cause remanded cent Circuit Court claim commenced common council Common Pleas complaint Connersville contract creditors Curiam.-The judgment damages and costs debt December December 11 December 25 defendant demand demurrer entitled error Evansville evidence execution facts filed given HANNA Held Ibid Indianapolis indorsement interest issue J. W. Gordon J.-Suit January 24 judgment is affirmed judgment is reversed jurisdiction jury justice land levy liable ment mortgage motion November 28 objection Ohio opinion overruled paid paragraph party payable payment person plaintiff pleaded proceedings promissory note question Railroad Co railroad company real estate record recover refused rendered replevin reply rule sold statute subscription sued sufficient suit surety sustained taken Term thereof tion township trial trustees usury verdict witness writ
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Página 135 - ... that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect.
Página 328 - No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for and paid over, according to law, all sums for which he may be liable.
Página 36 - That the nature and extent of the liabilities of the drawer or indorser are to be determined according to the law of the place where the bill is drawn or indorsement made, has been adjudged both here and in England.
Página 169 - Assigns, for the which payment well and truly to be made and done, we bind ourselves, our Heirs, Executors and Administrators jointly and severally, firmly by these presents, sealed with our seals, and dated this 23d day of May AD l8l2.
Página 124 - ... payment from the surplus of the joint fund after satisfaction of the joint debts. The equity of the rule, on the other hand, equally requires that the joint creditors should only look to the surplus of the separate estates of the partners after payment of the separate debts. It was a principle of the Roman law, and it has been acknowledged in the equity jurisprudence of Spain, England, and the United States, that partnership debts must be paid out of the partnership estate, and private and separate...
Página 418 - The right of the board to act in an execution of the authority is placed upon the fact that a majority of the votes had been cast in favor of the subscription; and to have acted without first ascertaining it, would have been a clear violation of duty; and the ascertainment of the fact wag necessarily left to the inquiry and judgment of the board itself, as no other tribunal was provided for the purpose.
Página 203 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Página 338 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Página 337 - St. 1881, it is provided that '' notes payable to order or bearer, in a bank in this state, shall be negotiable as inland bills of exchange, and the payees and endorsees thereof may recover as in case of such bills.
Página 418 - ... that full power is conferred upon the board to subscribe for the stock and issue the bonds, when a majority of the voters of the county have determined in favor of the subscription, after due notice of the time and place of the election. The case assumes that the requisite notices were not given of the election, and hence that the vote has not been in conformity with the law.