Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 105Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1886 "With tables of the cases and principal matters" (varies). |
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Page 21
... rules upon all questions of construction . The principle that courts must ascertain and execute the intention of the ... rule for the construction of wills ; since it is evident that if the fee in all the property of the testator is ...
... rules upon all questions of construction . The principle that courts must ascertain and execute the intention of the ... rule for the construction of wills ; since it is evident that if the fee in all the property of the testator is ...
Page 22
... rules the case . The cases to which we refer are those in which it is held that where the provisions of the will are ... rule in stronger terms . 1 Pomeroy Eq . Juris . 541 ; Kelly v . Stinson , 8 Black f . 387 ; Young v . Pickens , 49 ...
... rules the case . The cases to which we refer are those in which it is held that where the provisions of the will are ... rule in stronger terms . 1 Pomeroy Eq . Juris . 541 ; Kelly v . Stinson , 8 Black f . 387 ; Young v . Pickens , 49 ...
Page 23
... rule that dower is not barred unless the in- tention to bar it is clear , that " The intention need not be declared in express words . It may be implied , if the claim of dower would be plainly inconsistent with the will . " Savage v ...
... rule that dower is not barred unless the in- tention to bar it is clear , that " The intention need not be declared in express words . It may be implied , if the claim of dower would be plainly inconsistent with the will . " Savage v ...
Page 27
... rule have often been stated , and it is needless for us to repeat them . Shuee v . Shuee , 100 Ind . 477 ; Story Eq . Jur . ( 12th ed . ) , section 132 ; 2 Leading Cases in Eq . ( 4th Am . ed . ) 1683 ; Leach v . Fobes , 11 Gray , 506 ...
... rule have often been stated , and it is needless for us to repeat them . Shuee v . Shuee , 100 Ind . 477 ; Story Eq . Jur . ( 12th ed . ) , section 132 ; 2 Leading Cases in Eq . ( 4th Am . ed . ) 1683 ; Leach v . Fobes , 11 Gray , 506 ...
Page 28
... rule which rests on principle , and is sustained by the decided weight of au- thority , is thus stated in one of the latest decisions upon this question : " The interest which the lien of a judgment affects is the actual interest which ...
... rule which rests on principle , and is sustained by the decided weight of au- thority , is thus stated in one of the latest decisions upon this question : " The interest which the lien of a judgment affects is the actual interest which ...
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Common terms and phrases
accused action affirmed alleged amount answer appears appellant appellant's appellee appellee's application appointment assigned attorney auditor authority averred bank barouche board of commissioners cars cause Center Township charge Cincinnati and St Circuit Court cited claim complaint constitute contract counsel creditors damages deceased declaration deed defendant defendant's demurrer ditch dying declarations error evidence ex rel execution facts held Indianapolis instruction issue John C. S. Harrison judge judgment jurisdiction jury Lafayette Savings Bank lands lant's lien Marion Marion County ment mortgage motion negligence opinion overruled paid paragraph parties person petition plaintiff possession Pressley proceedings prosecuting purchaser question R. R. Co railroad company Railway Company reason receiver record rendered rule sheriff special finding special verdict statement statute statute of frauds sufficient suit supra sustained telephone therein thereof tion trial court trustee vacation void witness
Popular passages
Page 258 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 16 - ... but also as to every other matter which the parties might have litigated...
Page 222 - Assembly; nor shall any person hold more than one lucrative office at the same time, except as In this Constitution expressly permitted...
Page 96 - The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant.
Page 350 - Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.
Page 210 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 258 - In their exercise it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold.
Page 508 - In trying this question, I believe I state the rule of the court correctly, that where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties...
Page 275 - Keeping house of ill fame, etc. (1) Any person who shall keep a house of ill fame, resorted to for the purpose of prostitution or lewdness...
Page 445 - That the verdict of the jury was contrary to the evidence and the law.