Reports of Appellate Court of the State of Indiana, Volume 18Levey Bros. & Company, Contractors for the State, 1898 - Law reports, digests, etc "With tables of cases reported and cited, and statutes cited and construed, with an index." (varies) |
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Common terms and phrases
Admr affirmed agent Albany and Chicago alleged amount appellant appellant's motion appellee appellee's assigned authority averment bill of exceptions Burns cause of action charged Chicago and St Circuit Court claim contract corporation counsel court erred damages defendant defendant's demurrer discharge duty Earnst Ebbert employe error Evansville evidence ex rel facts filed finding fire held highway Horner's R. S. Indiana Indianapolis indorsement injury interrogatories jackscrew Jay County judgment jury lant lant's law merchant liable liquor Louisville ment National Bank negligence overruling paid Pape party passenger payment pellant pellee Pennsylvania Co person plaintiff pleading promissory note purpose question R. W. Co reason received record recover recovery rendered reversed rule second paragraph signed special verdict statute street sufficient supra surety sustained Terre Haute thereof ticket tion township track train trustee Western Union witness
Popular passages
Page 600 - But from the beginning of the creation God made them male and female. For this cause shall a man leave his father and mother, and cleave to his wife; And they twain shall be one flesh: so then they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.
Page 454 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss thereon...
Page 408 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 480 - A statement of the facts constituting the cause of action, in plain and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
Page 338 - All these considerations as to the nature of misrepresentations require great punctuality and promptness of action by the deceived party upon his discovery of the fraud. The person who has been misled is required, as soon as he learns the truth, with all reasonable diligence to disaffirm the contract or abandon the transaction, and give the other party an opportunity of rescinding it, and of restoring both of them to their original position.
Page 8 - Upon trials of questions of fact by the Court, it shall not be necessary for the Court to state its finding, except generally for the plaintiff or defendant, unless one of the parties request it, with a view of excepting to the decision of the Court upon the questions of law involved in the trial; in which case, the Court shall first state the facts in writing, and then the conclusions of law upon them, and judgment shall be entered accordingly.
Page 14 - ... to the substance rather than the form in which the result in view is to be accomplished. If the continuing covenants are kept, the damages for the breach of the others would be comparatively, if not altogether, nominal. For these reasons we are of opinion that the complaint states a cause of action, and that the demurrer was, therefore, properly overruled.
Page 528 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 619 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation...
Page 480 - The principal rule as to the mode of stating the facts is, that they must be set forth with certainty, by which term is signified a clear and distinct statement of the facts which constitute the cause of action or ground of defense, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.