Reports of Cases Decided in the Appellate Court of the State of Indiana, Svazek 47Wm. B. Burford, 1912 "With tables of cases reported and cited, and statutes cited and construed, and an index." (varies) |
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agent agreement alleged answer appellant appellant's motion appellee appellee's assessment assigned authority averments Bank Burns cause of action charge Chicago Circuit Court city of Clinton claim Cleveland conclusions of law construction contract contributory negligence court erred court of equity crossing damages danger death decedent defective defendant demurrer dence duty electric employes error Evansville evidence ex rel facts filed guy-wire Indiana Indianapolis injury instruction interrogatories interurban issues Judge Judgment affirmed jury lant's liability lien Logansport mechanic's lien ment negligence Northern Indiana Railway operation overruling pany paragraph of complaint parties pellant pellee person plain plaintiff purchase question railroad company railway company real estate reason received rule servant special finding statute strain insulator street sufficient supra Supreme Court sustained Taber Terre Haute thereof tion township track train trial court trustee Vanderburgh County verdict warranty wires
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Strana 103 - Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
Strana 363 - 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...
Strana 309 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Strana 282 - ... therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission. The action must be commenced within two years. The damages cannot exceed...
Strana 281 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Strana 275 - ... that a remedy which prevents a threatened wrong is in its essential nature better than a remedy which permits the wrong to be done and then attempts to pay for it by the pecuniary damages which a jury may assess.
Strana 550 - In order to ascertain the intention of the legislature, the court should look to the letter of the statute, to it as a whole, to the circumstances under which it was enacted, to the old law, If any, to the mischief to be remedied, to other statutes, to the rules of common law, and to the condition of affairs when the statute was enacted.
Strana 292 - The time -within which an act is to be done shall be computed by excluding the first day, and including the last ; if the last day be Sunday, it shall be excluded.
Strana 328 - Company, it was not only the right but it was the duty of the plaintiff to realize as much as it could upon the notes thus improperly taken by its president, not to the end that he should be relieved from responsibility for the differences, but to the very end that by using every endeavor to realize upon the notes, the...
Strana 28 - ... contract set out in the complaint does not present the requisites warranting a decree for specific performance. Courts can only proceed in cases like this when the parties have themselves agreed apon all the material and necessary details of their bargain.