Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Том 34Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1872 "With tables of the cases and principal matters" (varies). |
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Стр. 21
... demurrer was sustained to the third and fifth paragraphs of the answer , and exceptions were taken . Reply in denial of the first , second , and fourth paragraphs ; also a reply deny- ing all fraud charged in the fourth . Trial of the ...
... demurrer was sustained to the third and fifth paragraphs of the answer , and exceptions were taken . Reply in denial of the first , second , and fourth paragraphs ; also a reply deny- ing all fraud charged in the fourth . Trial of the ...
Стр. 28
... Demurrer . - A demurrer to an entire pleading should be overruled if such pleading contain any good paragraph . PARTIES . - Trustee of Express Trust . - Suit by A. on a promissory note made payable to A. ( for B. ) or order . Held ...
... Demurrer . - A demurrer to an entire pleading should be overruled if such pleading contain any good paragraph . PARTIES . - Trustee of Express Trust . - Suit by A. on a promissory note made payable to A. ( for B. ) or order . Held ...
Стр. 29
... demurrer was to the com- plaint generally , and not separately to each paragraph . The rule is well settled , that where the pleading is in several par- agraphs , and the demurrer is to the pleading generally , the Heavenridge v . Mondy ...
... demurrer was to the com- plaint generally , and not separately to each paragraph . The rule is well settled , that where the pleading is in several par- agraphs , and the demurrer is to the pleading generally , the Heavenridge v . Mondy ...
Стр. 30
... demurrer should be overruled if there is one good para- graph . If either of the paragraphs of the complaint con- tained a good cause of action , the demurrer was properly overruled . The ruling of the court upon the demurrer pre- sents ...
... demurrer should be overruled if there is one good para- graph . If either of the paragraphs of the complaint con- tained a good cause of action , the demurrer was properly overruled . The ruling of the court upon the demurrer pre- sents ...
Стр. 32
... demurrer was sustained . Ells- worth maintained , in this court , that the assignee of a prom- issory note , who might hold it as such , without any real in- terest in it , was one of that class of persons referred to in the fourth ...
... demurrer was sustained . Ells- worth maintained , in this court , that the assignee of a prom- issory note , who might hold it as such , without any real in- terest in it , was one of that class of persons referred to in the fourth ...
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affidavit agreement alleged amount answer appellant appellee assessed assignment of error attorney authority bill of exceptions bill of lading Blackf Bloomington R. R. board of commissioners bond Brownsburg cause of action cent circuit court claim common council Common Pleas complaint consideration constitution contract costs court erred Crawfordsville Creek Turnpike damages debt deed defendant demurrer denial DOWNEY entitled Evansville evidence execution facts filed flour fraud Geiger Hartsville hundred dollars Indianapolis interrogatories issued J.-This Jay County jury Lafayette Lamb & Quinlin land lien McNett ment misjoinder mortgage motion Muncie objection overruled owner paid party payable payment person petition plaintiff pleading possession proceeding promissory note purchaser question railroad company real estate record refused rendered rule sold statute street sufficient suit surety sustained thereof tion Tippecanoe county township trial trustee verdict vote
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Стр. 208 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution,, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Стр. 196 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.
Стр. 29 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Стр. 198 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Стр. 194 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Стр. 223 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Стр. 469 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Стр. 418 - ... such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes.
Стр. 440 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Стр. 216 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.