Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 119Indiana. 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, 1889 "With tables of the cases and principal matters" (varies). |
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administrator Albany and Chicago alleged amount appellant appellant's appellee appoint assigned authority avers BERKSHIRE bills of lading board of commissioners cause of action charge Chicago Railway Circuit Court City of Goshen claim complaint Constitution contract conveyance conveyed costs counsel court erred damages death debt deed defendant demurrer emblements entitled erred in overruling error evidence ex rel executed facts favor fee simple Filed June held Hodshire husband Indiana Indianapolis injury instructions interest issued J.-This Judgment affirmed jury land lant lien Louisville ment mortgage negligence owner paid paragraph of answer parties pellee person Peters Box plaint plaintiff possession proper provision purchase question quiet title R. W. Co railroad company real estate reason record recover rendered replevin rule second paragraph special finding statute suit sustained tenant testator therein thereof tion township trial trustee Vanderburgh County verdict void Watson wife
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Page 412 - The powers of the Government are divided into three separate departments, the Legislative, the Executive, including the Administrative and the Judicial ; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this Constitution expressly provided.
Page 210 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, eithe*r as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 520 - But this must be taken with this limitation: that the parts so held respectively constitutional and unconstitutional must be wholly independent of each other. But if they are so mutually connected with and dependent on each other as conditions, considerations, or compensations for each other as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently...
Page 210 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured. Otherwise the contract is a mere wager, by which the party taking the policy is directly interested in the early death of the assured. Such policies have a tendency to create a desire for the event. They are, therefore, independently of any statute on the subject,...
Page 190 - It is a well-settled rule, founded on reason and authority, that the lex fori, or, in other words, the laws of the country to whose courts a party appeals for redress, furnish, in all cases, prima facie, the rule of decision...
Page 399 - State the supreme law of the land instead of the Constitution of the United States and the laws and treaties made in pursuance thereof.
Page 500 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Page 413 - Assembly, or when, at any time, a vacancy shall have occurred in any other State office, or in the office of Judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified.
Page 625 - Where a negative is essential to the existence of a right, the party claiming the right has the burden of proving such negative...
Page 67 - The north half of the southeast quarter, and the southeast quarter of the southeast quarter of section twenty-four (24), the east half of the northeast quarter and the southwest quarter of the northeast quarter...