Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 13
Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1860
"With tables of the cases and principal matters" (varies).
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action affidavit affirmed agreed agreement alleged amount answer APPEAL appellee application assigned authority avers bill bond cause cents charge Circuit Court claim Common Pleas complaint consideration contract costs Court of Common damages December decided defendant delivered demand demurrer dollars effect entitled error evidence exceptions execution fact filed follows fraud further give given granted ground held husband indorsed instruction interest issue judg judgment jurisdiction jury justice land liable ment mortgage motion named necessary notice objection opinion overruled paid paragraph party payment performed person plaintiff pleading possession present proceedings proper prove question Railroad railroad company reason received record recover reference refused rendered reversed road rule sold statute sufficient suit sustained taken Term tion trial verdict wife Wilson witness
Página 8 - ... 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 authorized.
Página 87 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Página 83 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Página 8 - Unless the promise, contract, or 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 by some person thereunto by him lawfully authorized.
Página 230 - Conn. 293, where a testator devised property in trust for a grandson, who was, at the date of the will and at the death of the testator...
Página 301 - Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
Página 191 - Two things have been confounded together. A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.
Página 240 - No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length.
Página 120 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.