Reports of Appellate Court of the State of Indiana, Svazek 19

Přední strana obálky
Levey Bros. & Company, Contractors for the State, 1898
"With tables of cases reported and cited, and statutes cited and construed, with an index." (varies)
 

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Strana 324 - 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 a kindred character with those which are enumerated.
Strana 394 - The rule that penal laws are to be construed strictly, is, perhaps, not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Strana 251 - Section 131 of the code provides that, " no variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Strana 394 - Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one indeed, which would justify a Court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest.
Strana 476 - A father, or in case of his death or desertion of his family, the mother, may maintain an action for the injury or death of a minor child, and a guardian for the injury or death of his ward, when such injury or death is caused by the wrongful act or neglect of another.
Strana 229 - The cause was submitted to the court for trial without the intervention of a jury...
Strana 319 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, во as to interfere with the comfortable enjoyment of life or property...
Strana 324 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the, words, there is no room for construction.
Strana 32 - ... the common council of such city, or the board of trustees of such town...
Strana 647 - That each coroner shall, as soon as he shall be certified of the dead body of any person, supposed to have come to his death by violence, or casualty...

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