Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volumen42Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1874 "With tables of the cases and principal matters" (varies). |
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affidavit agreement alleged Anderson answer appellant appellee assessment attorney authority avers bill of exceptions Blackf bond Brannon cause of action Centerton charge Circuit Court claim Common Pleas complaint contract conveyance costs counsel counter-claim court erred Crawfordsville criminal damages deed defendant demurrer dismissed DOWNEY errors assigned evidence execution facts fee simple filed ground held hundred dollars Indianapolis indictment instructions issue J.-This judge jury land lant levy lien liquors Marion county Martinsville Mathews ment Morgan county mortgage notice objection opinion overruling the motion paragraph party payment person petition plaintiff pleading premises proceedings promissory note prosecution purchase question railroad real estate reason record refused rendered Ritenour road rule sheriff sold special finding statute sufficient suit sustained term testator thereof Thomas Howell tion town trial trustees Turnpike Co verdict Warren County White river witness
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Página 444 - After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.
Página 72 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Página 105 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Página 633 - We may lay it down, as a broad general principle, that wherever one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it.
Página 560 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Página 79 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought into its purview.
Página 553 - ... liquors are to be sold therein, or who, having leased the same for other purposes, shall knowingly permit therein the sale of any...
Página 290 - For the recovery of real property, or of an estate or Interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Página 73 - But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious is by considering the reason and spirit of it or the cause which moved the legislator to enact it.
Página 72 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together.