Reports of Cases Decided in the Supreme Court of the State of Indiana, Volume 172
Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May
Wm. B. Burford, 1910 - Law reports, digests, etc
" With tables of cases reported and cited, and statutes cited and construed, and an index." (varies)
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action affirmed alleged amount answer appellant appellant's appellee application appointment assessment attorney auditor authority bill bond Burns cars cause charge Circuit Court cited claim coal commissioners complaint Constitution construction contract corporation damages defendant delivery demurrer determine duty effect error evidence ex rel exceptions executed exercise express facts filed finding follows give given granting ground held Indiana Indianapolis instructions intent issue Judge judgment jury legislature license limits liquors matter ment motion necessary notice objection operation overruled parties perform persons petition plaintiff presented proceeding proper question railroad reason record refused regulate relator remonstrance respect reversed road rule Section shown signed statute sufficient supra surety sustained taken thereof tion town township train trial trustees United witness
Page 434 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the State, sometimes termed its ' police power,' to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources and add to its wealth and prosperity.
Page 122 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...
Page 638 - 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 626 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 435 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
Page 123 - The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Page 435 - ... inconvenience as possible, the general good. Though, in many respects, necessarily special in their character, they do not furnish just ground of complaint if they operate alike upon all persons and property under the same circumstances and conditions.
Page 587 - If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him...
Page 32 - Every act shall embrace but one subject, and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 110 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract. To the extent, and in the manner, and under the circumstances pointed out in his obligation, he is bound, and no further. It is not sufficient that he may sustain no injury by a change in the contract, or that it may even...