Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volumen5
Bowen-Merrill Company, 1893
"With tables of the cases reported and cases cited and an index." (varies)
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action agent agreed agreement alleged amount animals answer appears appellant appellant's appellee assigned attorney authority averments bill bond cars cause charge Circuit Court circumstances claim complaint condition consider consideration contract counsel crossing damages defendant demurrer dollars duty engine entered error evidence ex rel exceptions execution facts fence filed finding follows give given held horse hundred injury instruction interest issue judge judgment jury justice land liable matter motion necessary negligence notice objection opinion overruled paid paragraph party perform person plaintiff pleading presented proceedings proper prosecution prove question railroad Railway reason received record recover refused rendered reversed rule signed statement statute street sufficient suit sustained taken term testified thereof tion town track train trial verdict witness
Página 91 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Página 91 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person ; or to charge any person upon any agreement made upon consideration of marriage...
Página 255 - 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...
Página 91 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Página 486 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Página 92 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised.
Página 102 - Parties to a question in difference which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court' which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Página 530 - Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signatures of the presiding officer and the clerk of the commission.
Página 94 - It is also the settled doctrine of this court, that the laws which subsist at the time and place of making a contract enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This rule embraces alike those which affect its validity, construction, discharge, and enforcement.
Página 479 - Every contracting party has an absolute right to rely on the express statement of an existing fact, the truth of which is known to the opposite party, and unknown to him. as the basis of a mutual engagement; and he is under no obligation to investigate and verify statements, to the truth of which the other party to the contract, with full means of knowledge, has deliberately pledged his faith.