 Court, for any defect in form, variance, or imperfections contained in the record, pleadings, process, entries, returns, or other proceedings therein, which by law might be amended by the court below, but such defects shall be deemed to be amended in...  Reports of Cases Decided in the Appellate Court of the State of Indiana - Page 613by Indiana. Appellate Court - 1905Full view - About this book
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1856 - 614 pages
...before us, because the defect complained of is not of form but one of substance; nor does it appear "that the merits of the cause have been fairly tried and determined by the Court below." Again, it is contended that the release of error in the warrant and judgment estops... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1857 - 650 pages
...judgments shall not be stayed or reversed in whole or in part, where it shall appear to the appellate court that the merits of the cause have been fairly tried and determined in the court below. 2 R, S. p. 163, s. 580. Here, the Court tried the cause by consent, and correctly rendered judgment... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1860 - 642 pages
...Court, to be reinstated on the docket. The motion for costs was not afterwards renewed. And finally, "the merits of the cause have been fairly tried and determined in the Court below." 2 RS p. 163.— Rockhill v. Spraggs, 9 Ind. R. 30. Under our code, the ruling in Griggsv. Voorhies,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1861 - 700 pages
...was made by the Court and not by the jury. The statute provides that no judgment shall be reversed, "where it shall appear to the Court that the merits...been fairly tried and determined in the Court below." 2 RS p. 16-3. — Riley v. Murray, S Ind. R. 354. We find no error in the record for which the judgment... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862 - 754 pages
...demurring, should have moved to reject it. At all events, in looking into the record, it manifestly appears that "the merits of the cause have been fairly tried and determined in the Court below;'' and, though the Common Pleas may have erred in its ruling 183 upon the demurrer to the third reply,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1865 - 722 pages
...below; but such defects shall be deemed to be amended in the Supreme Court, nor shall any judgment be reversed, in whole or in part, where it shall appear...been fairly tried and determined in the court below." These statutes are exceedingly broad. They were intended to silence in this court every objection which... | |
 | Law - 1887 - 542 pages
...committed, would not authorize the reversal of the judgment; for our statute imperatively requires " where it shall appear to the court that the merits...been fairly tried and determined In the court below," that the judgment shall not " be stayed or reversed in whole or in part." Sec. 558, Rev. Stat. 1881;... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1874 - 672 pages
...any judgment be stayed or reversed, in whole or in part, where it shall appear to the court thatthe merits of the cause have been fairly tried and determined In the court below." 2 G. & H. 278, sec. 580. There is nothing in the third assignment of error. The property is clearly... | |
 | Law - 1896 - 542 pages
...a demurrer to a pleading, or on account of any other defect, when it appears from the whole record that the merits of the cause have been fairly tried and determined. Burn's Kev. St. 1894 Sec. 348-070. (Rev. St. 1881, >*c. 343, 658). But the whole record of the proceedings... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1881 - 684 pages
...provided that no judgment shall be reversed, in whole or in part, where, as in the case at bar, it shall appear to the court that the merits of the cause...been fairly tried and determined in the court below. 2 RS 1876, p. 246. The judgment is affirmed, at the appellant's costs. Parker r. Clayton. No. 7621.... | |
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