Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volumen 5Bowen-Merrill Company, 1893 "With tables of the cases reported and cases cited and an index." (varies) |
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affidavit agent alleged amount answer appellant appellant's appellee appellee's assessor assigned attorney averments barrels bill of exceptions board of commissioners bond cars cause of action charge Chicago and St Circuit Court civil township claim complaint contract counsel court erred crossing CRUMPACKER damages decedent defendant defendant's demurrer dollars duty engine error evidence ex rel facts fence filed horse Indiana injury instruction interrogatories issue Jeffersonville Jennings county judge jury justice lant liable ment Mississippi Railway Company motion negligence Ohio and Mississippi overruled paid party pellant pellee person plaint plaintiff pleading prosecution purpose question R. R. Co railroad company reason record recover refused relatrix rendered replevin rule second paragraph statute statute of frauds street sufficient supra sustained taxes Terre Haute testified thereof tion town township track train trial verdict wing fences witness
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Página 91 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Página 91 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person ; or to charge any person upon any agreement made upon consideration of marriage...
Página 255 - 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...
Página 91 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Página 486 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Página 92 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised.
Página 102 - Parties to a question in difference which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court' which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Página 530 - Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signatures of the presiding officer and the clerk of the commission.
Página 94 - It is also the settled doctrine of this court, that the laws which subsist at the time and place of making a contract enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This rule embraces alike those which affect its validity, construction, discharge, and enforcement.
Página 479 - Every contracting party has an absolute right to rely on the express statement of an existing fact, the truth of which is known to the opposite party, and unknown to him. as the basis of a mutual engagement; and he is under no obligation to investigate and verify statements, to the truth of which the other party to the contract, with full means of knowledge, has deliberately pledged his faith.