Reports of Appellate Court of the State of Indiana, Volume 20Levey Bros. & Company, Contractors for the State, 1898 "With tables of cases reported and cited, and statutes cited and construed, with an index." (varies) |
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affirmed agent alleged amount appellant appellant's appellee appellee's assignment authority averred barges Benjamin F bill of lading bond Brockman Burns cause of action Circuit Court claim collection contract corporation counsel court erred creditors cross-complaint damages debt deed defendant demurrer draft error Evansville evidence ex rel facts filed held Henry Brockman Horner's R. S. Indiana Indianapolis injury instructions interrogatories intestate issued judgment jury land lant lant's liable lower court ment mortgage motion Nat'l Bank National Bank negligence overruled owner paid paragraph of answer parties payment pellant pellee person plaintiff pleading purchase question R. W. Co Railroad Company real estate reason record Reeves Pulley Company refused Rehearing rendered rule Rushville second paragraph sold special finding special verdict statute sufficient supra sustained Tell City Terre Haute thereof tion township trial court Trust Vincennes warranty
Popular passages
Page 27 - Is raised by the third assignment of error, viz. the overruling of appellants' motion for a new trial. The reasons specified in the motion are (1) that the decision of the court Is not sustained by sufficient evidence; (2) that the decision Is contrary to law.
Page 419 - ... the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
Page 416 - If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants.
Page 519 - An action against a corporation, created by, or under the laws of, any other State, government, or country...
Page 145 - November of that year, after a motion for a new trial and a motion in arrest of judgment...
Page 309 - Novation is the substitution of a new obligation for an existing one. 1531. Modes of novation. Novation is made: 1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation; 2. By the substitution of a new debtor in place of the old -one, with intent to release the latter; or, 3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.
Page 180 - That the verdict, report, or decision, is not sustained by sufficient evidence, or is contrary to law. 7. Newly discovered evidence material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.
Page 418 - If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants if the action had been against them or any of them alone.
Page 351 - ... construct, where the same has not already been done, and thereafter maintain at all road crossings now existing, or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on such railroad...
Page 579 - Certain facts we may suppose to be clearly established from which one sensible, impartial man would infer that proper care had not been used, and that negligence existed ; another man, equally sensible and equally impartial, would infer that proper core had been used, and that there was no negligence.