Reports of Cases Decided in the Supreme Court of the State of Indiana, Volume 166
Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May
Wm. B. Burford, 1907 - 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 amended amount answer appellant appellant's appellee applied assigned authority averments Bank cause charge Circuit Court City claim clerk Coal complaint conclusion condition considered Constitution construction contract counsel court damages decision deed defendant demurrer determine direct duty effect entitled error evidence ex rel executed facts filed finding follows further give given grant ground held hold Indiana injury instruction intended interest issue Judge judgment jury knowledge land letter matter meaning motion negligence notice objection operation opinion overruling owner paragraph parties payment person plaintiff pleading possession presented proceedings proper purchase question railroad real estate reason received record reference relator rendered reversed rule statute street sufficient suit supra sustained therein thereof tion town track trial witness
Page 171 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 369 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 621 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Page 383 - It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.
Page 175 - No county shall subscribe for stock in any incorporated company, unless the same be paid for at the time of such subscription ; nor shall any county loan its credit to any incorporated company, nor borrow money for the purpose of taking stock in any such company...
Page 258 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 618 - No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation; nor, except in case of the State, without such compensation first assessed and tendered.
Page 382 - To determine that a case is within the intention of a statute, its language must authorize us to say so. It would be dangerous indeed to carry the principle, that a case which is within the reason or mischief of a statute, is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity or of kindred character with those which are enumerated.
Page 383 - The general rule in the exposition of all acts of Parliament is this, that in all doubtful matters, and where the expression is in general terms, they are to receive such a construction as may be agreeable to the rules of the common law in cases of that nature ; for statutes are not presumed to make any alteration in the common law further or otherwise than the act does expressly declare...