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. xxi
... thereof or an affidavit stating the time and manner of service , shall be filed with the clerk of this court , before the mo- tion to submit shall be made . Such cause may also be submitted by agreement or on call , as other cases ...
... thereof or an affidavit stating the time and manner of service , shall be filed with the clerk of this court , before the mo- tion to submit shall be made . Such cause may also be submitted by agreement or on call , as other cases ...
Стр. 3
... thereof , and took a bill of lading therefor , and drew a bill of exchange for four thousand four hundred dollars at sight , on said C. Maynard & Son , on account of said consignment , and that said Lamb & Quinlin sold said bill of ...
... thereof , and took a bill of lading therefor , and drew a bill of exchange for four thousand four hundred dollars at sight , on said C. Maynard & Son , on account of said consignment , and that said Lamb & Quinlin sold said bill of ...
Стр. 4
... thereof , and without the knowledge or consent of plaintiffs , took and ob- tained the custody of said flour and shipped the same to Bos- ton ; that plaintiffs recovered the possession of said flour by writ of replevin herein , while ...
... thereof , and without the knowledge or consent of plaintiffs , took and ob- tained the custody of said flour and shipped the same to Bos- ton ; that plaintiffs recovered the possession of said flour by writ of replevin herein , while ...
Стр. 8
... thereof . Under the general denial contained in the answer , the plaintiffs were bound to establish these facts as against every one else . Everything alleged by the defendants in the special paragraphs of their answers was admissible ...
... thereof . Under the general denial contained in the answer , the plaintiffs were bound to establish these facts as against every one else . Everything alleged by the defendants in the special paragraphs of their answers was admissible ...
Стр. 17
... thereof since it was replevied ; and the criterion of damages would be interest on the value found . 3- If the jury believe , from the evidence , that after the flour in controversy was delivered to the transfer company by Fruedenau ...
... thereof since it was replevied ; and the criterion of damages would be interest on the value found . 3- If the jury believe , from the evidence , that after the flour in controversy was delivered to the transfer company by Fruedenau ...
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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.