Reports of Cases Decided in the Supreme Court of the State of Indiana, Volume 186
Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May
Wm. B. Burford, 1918
" With tables of cases reported and cited, and statutes cited and construed, and an index." (varies)
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action Acts affirmed alleged amended amount answer appellant appellant's appellee apply assessment assignment authority bond bridge Burns called cause charge Circuit Court claim complaint consideration considered Constitution construction contention contract cost danger death decedent defendant determine direct drain drainage duty effect election error established evidence exercise facts failed filed fixed follows further give given held improvement Indiana indictment injury instruction intention interest issue John Judge judgment jury land legislature limits matter means ment motion necessary negligence notice objection operation opinion overruling paid parties pass person petition plaintiff presented proceeding proper question reason received record refused relating rendered result reversed rule sewer statute street sufficient supra sustained term thereof tion trial court Trust verdict violation witness
Página xxxv - The days of our age are threescore years and ten; and though men be so strong that they come to fourscore years : | yet is their strength then but labour and sorrow; so soon passeth it away, and we are gone.
Página 534 - If two laws conflict with each other, the courts must decide on the operation of each. So, if a law be in opposition to the Constitution ; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution ; or, conformably to the Constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Página 534 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Página 239 - To determine that a case is within the intention of a statute, its language must authorize us to say so. It would be dangerous indeed to carry the principle, that a case which is within the reason or mischief of a statute is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity or of kindred character with those which are enumerated.
Página 357 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not In itself criminal or unlawful by criminal or unlawful means.
Página 636 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Página 547 - No child under the age of sixteen years shall be employed or permitted to work in...
Página 454 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Página 74 - The corporate authorities of counties, townships, school districts, cities, towns, and villages, may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same.
Página 779 - ... where two acts are not in express terms repugnant, yet, if the later act covers the whole subject of the first and embraces new provisions, plainly showing that it was intended as a substitute for the first act. it will operate as a repeal of that act.