Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Том 126Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Michael Crawford Kerr, Benjamin Harrison, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1891 "With tables of the cases and principal matters" (varies). |
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agreed agreement Albany and Chicago Alexander McGregor alleged amount Anderson appear appellant appellant's appellee assessments assigned attorney authority averments bank BERKSHIRE charge Chicago Railway Company Circuit Court claim complaint conclusions of law contract contributory negligence costs counsel court erred creditors cross-complaint damages debt deed defendant demurrer entitled error evidence ex rel execution facts favor Filed Nov fraud grant heirs held Indiana Indianapolis injury instruction issued J.-This Judgment affirmed jurisdiction jury land lant liable lien Louisville ment mortgage motion negligence notice Ohio river overruling owner paid parol parties payment pellant pellee person Peugh plaintiff pleading possession promissory note prosecution provides purchased R. W. Co railroad real estate reason record recover rendered replevin rule Section sell sheriff sold special finding statute sufficient suit supra surety sustained Terre Haute thereof tion Tipton county tract trustee Vanlue verdict witness
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Страница 390 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
Страница 486 - There is no doubt that a judgment or decree necessarily affirming the existence of any fact is conclusive upon the parties or their privies, whenever the existence of that fact is again in issue between them, not only when the subject matter is the same, but when the point comes incidentally in question in relation to a different matter, in the same or any other court, except on appeal, writ of error, or other proceeding provided for its revision'': Freeman on Judgments, 4th ed., sec.
Страница 236 - In the nature of things, there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of a jury to look at this succession of events or facts, and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Страница 105 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Страница 362 - The agreement was adjudged illegal, the court saying, among other thingg, that "it is a general proposition that an agreement to do an unlawful act cannot be supported at law; that no right of action can spring out of an illegal contract...
Страница 339 - ... it cannot be said, accepting the truthfulness of the respondent's testimony, that the respondent was guilty of contributory negligence. The conflict in the testimony, as we before said, is a matter exclusively for the discretion of the Jury.
Страница 390 - State, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution or any other final process from a court, for any debt contracted after the adoption of this Constitution.
Страница 496 - The fourth assignment of error is that the court erred in overruling appellant's motion for a new trial. The motion for a new trial is not made a part of the record by a bill of exceptions, and hence cannot be considered by this court.
Страница 236 - In a succession of dependent events an interval may always be seen by an acute mind between a cause and its effect, though it may be so imperceptible as to be overlooked by a common mind. Thus, if a building be set on fire by negligence, and an adjoining building be destroyed without any negligence of the occupants of the first, no one would doubt that the destruction of the second was due to the negligence that caused the burning of the first.
Страница 236 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury Here lies the difficulty. But the Inquiry must be answered in accordance with common understanding. In a succession of dependent events, an interval may always be seen by an acute mind between a cause and its effect, though It may be so Imperceptible as to be overlooked by a common mind.