Indiana Digest: Decisions, [1817-1912].1911 |
Contents
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Common terms and phrases
39 CENT 40 CENT admissible agent agreement answer APPEAL AND ERROR assignment assumpsit attorney averment Bank bill of particulars Blackf Board of Com'rs bond breach cause of action claim co-surety complaint alleged constitute a cause contract CORPORATIONS counterclaim court creditor cross-complaint debt declaration deed defect defendant defendant's demurrer denial discharge evidence ex rel execution EXECUTORS exhibit facts sufficient failure fendant filed fraud Held indorsement injuries insufficient issue judgment land liability lien matter ment misjoinder mortgage motion to strike MUNICIPAL MUNICIPAL CORPORATIONS murrer negligence non est factum objection overruled paid paragraph party payee payment person plaint plaintiff plea in abatement pleading Princ principal proceedings purchase quiet title railroad recover replevin reply set-off statute sued sufficient to constitute suit surety sustained swer tiff tion trial variance verdict Waiver writ written instrument
Popular passages
Page 138 - When any of the matters enumerated in section forty, do not appear upon the face of the complaint, the objection may be taken by answer.
Page 245 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 64 - Code provides that judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 164 - Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two sections, but a failure of proof.
Page 245 - The general principle upon which it depends, appears to be that, where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required, on the trial, proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or...
Page 563 - ... minutes before the schedule time for the arrival of each passenger train stopping upon such route at such station, the fact whether such train is on schedule time or not, and, if late, how much.
Page 131 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 500 - A railroad has been defined as a road or way on which iron rails are laid for wheels to run on for the conveyance of heavy loads and vehicles. [Dinsmore v. Racine MR Co., 12 Wis., 649.] Such a track is a railroad...
Page 234 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 237 - ... with impartiality and in good faith, and in the order of time in which they are received...