Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volumen 99Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1885 "With tables of the cases and principal matters" (varies). |
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affirmed aforesaid agreement alleged appellant appellee appellee's assessed assigned attorney auditor averred bill of exceptions bond Circuit Court City of Logansport claim conclusions of law contract conveyance conveyed court erred cross complaint damages debt decree deed defendant demurrer Eel river entitled equity error Evansville evidence ex rel execution facts fee simple fence fraud grantor heirs held husband Indianapolis instruction issue Jeffersonville judgment jury land levee liable lien Marion county McCaslin ment mortgage motion negligence Nicholas Smith objection overruled owner paid paragraph of answer party payment person petition plaintiff pleading possession proceedings prosecuting purchase purchase-money question quiet title R. R. Co real estate record rendered replevin rule second paragraph sheriff Smith sold special finding statute statute of frauds sufficient suit supra sustained taxes term testator thereof thereto tion Tippecanoe county trial court trustees turnpike verdict wheat wife witness
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Página 132 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence; where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...
Página 249 - the repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability...
Página 298 - In all questions affecting the credibility of a witness, his general moral character may be given in evidence.
Página 645 - English law, the paramount duty of the courts in construing wills is to ascertain and give effect to the intention of the testator or testatrix, to be collected from the whole will, and not from any particular word or expression which may be contained in it ; and extensive as has been the signification which the old French law has in many cases given to the word
Página 193 - ... technical words, or words of known legal import, must have their legal effect, even though the testator uses inconsistent words, unless those inconsistent words are of such a nature as to make it perfectly clear that the testator did not mean to use the technical words in their proper sense; and so it is said by Lord Redesdale in Jesson v.
Página 553 - The court erred in giving and refusing to give certain instructions to the jury.
Página 22 - ... would subject to a liability against which no prudence could guard, and to meet which no private fortune would be adequate...
Página 237 - But it must appear by affidavit, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties.
Página 552 - ... conducted itself so carelessly, negligently and unskillfully, that by and through the carelessness, negligence and default of the said defendant and its servants...
Página 291 - We, the jury, find the defendant guilty as charged In the indictment, and assess his punishment at confinement In the penitentiary for a term of two years.