Reports of Cases Decided in the Appellate Court of the State of Indiana, Volume 55
Wm. B. Burford, 1915
"With tables of cases reported and cited, and statutes cited and construed, and an index." (varies)
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action affirmed alleged amount answer appellant appellant's appellee applied assessment assignment authorities averments Bank belt Board bond brief cause charged cited claim Coal complaint conclusion condition considered construction contract County damages danger decedent decision deed defective defendant delivered demurrer determined direct duty effect error evidence executed facts failed failure favor filed finding follows give given ground held Indiana Indianapolis injury instruction interest issues Judge judgment jury knowledge ladder land master ment mortgage motion negligence objection operated opinion overruling paid paragraph parties payment person plaintiff pleading possession presented purchase question real estate reason record recover rendered reversal rule secure servant signed statute street substance sufficient suit supra sustained taken theory thereof tion Traction trial court trust verdict witness
Page 34 - ... or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child...
Page 147 - ... and shall furnish, if required, verified plans and specifications of any building, fixtures, or machinery destroyed or damaged; and shall also, if required, furnish a certificate of the magistrate or notary public (not interested in the claim as a creditor or otherwise, nor related to the insured) living nearest the place of...
Page 1 - The court properly denied the motion for a new trial and the motion in arrest of judgment.
Page 112 - A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority.
Page 673 - public policy' is intended that principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good, which may be termed the policy of the law, or public policy in relation to the administration of the law...
Page 673 - It has never been defined by the courts, but has been left loose and free of definition in the same manner as fraud.
Page 568 - The Court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, on complaint or motion filed within two years.
Page 238 - Mills v. Green, 159 US 651, 653, involving the same principle as is herein involved, the Supreme Court of the United States said: The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which can not affect the matter in issue in the case before it.
Page 147 - ... 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...