Annotated Statutes of the State of Indiana: Showing the General Statutes in Force January 1, 1894 Embracing the Revision of 1881 as Amended, and All Permanent, General and Public Acts of the General Assembly Passed Since the Adoption of that Revision, with a Digest Under Each Section of the Judicial Decisions Relating Thereto, Containing Also the United States and Indiana Constitutions with Annotations

Portada
Bowen-Merrill Company, 1894

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Contenido

Who are citizens 42 Validity of public debt
39
Persons ineligible
42
JUDICIAL
48
Incorporation of banks
55
The general assembly
57
CHAPTER 1
67
CHAPTER 2
74
PARTIES TO ACTION
75
JOINDER OF CAUSES OF ACTION
86
Accounts etc Limitation
92
ACTIONS WHERE COMMENCED
98
Term of office
99
ACTIONS HOW COMMENCED
101
Sessions
105
Appeal during termStayBond 670 Defect in form etc no ground
110
Imprisonment for contempt
111
Governor
127
Names of partiesPleadings correct
136
others divided
139
Change from county Costs One 420 Pay of special judge
146
Affidavit
152
WRITTEN EVIDENCE
155
45 Indiana statutes etc evidence 471 Landoffice certificates
163
Interpreters pay
170
Who are incompetent
178
Peremptory challenges
186
TRIAL BY COURT
198
TRIAL BY AGREED CASE
200
Small damages no ground
206
On special verdict
220
Appeal after termNoticeFiling 672 Reversal Remanding for new trial
230
Publication against nonresident
244
EXECUTION
252
Further levies and sales
253
Bail how takenIts effect
259
Clerk to notify sheriffReturn 732 Money may be levied
267
Real estate liable to judgment etc 807 Hearing when
274
Compensation
286
General banking
291
tion
292
cause
298
On pleadings notwithstanding ver 605 When costs adjudged before final
305
Actions for penalties etc where 314 Residents and nonresidents
309
tion
314
Filing complaintSummons 326 Lis pendens record
316
Service Guardian ad litem for in 327 Notice by party Contents Fil sane
317
Service on corporations 328 Attachment or levyNotice and fil
318
Summons and service when good ing by sheriff
319
Notice by publication 329 Index of clerk
320
Personal service without the state 330 Fees of clerk Proof 331 Satisfaction of lienCosts
321
Proceedings when part only are 332 Dismissal of attachment etc Cer served tificateFee
322
Proceedings against joint debtors 333 Failure to file noticeEffect not summoned when 334 Judgment liens not affected
323
Return of not found as to part 335 Orders affecting real estate
324
Plaintiffs privilege when part
325
served ARTICLE 9 ACTIONS WHEN DISMISSED
327
ATTORNEYS
329
Verified complaintWarrant 1000 No abatement if mother diesPro
335
Action dismissed when 337 Dismissal in vacationCosts
336
Definition 368 Dilatory pleas verifiedAnswer
338
Distinct forms abolished issue in abatement
339
What allowed 369 Failure of considerationException
340
Complaint Contents Paragraphs 70 Pleading setoff or payment though barred numbered
341
Demurrer causes therefor 371 Averment of demand at place when
342
Demurrer sustained for misjoinder unnecessary Proceedings 372 Judgment of court of special juris
343
Misjoinder not ground for reversal dictionProof
344
Pleading over AmendmentTerms 373 Condition precedentProof
345
Objection by answer when 374 Private statute
346
Demurrer to partAnswer to resi 375 Libel or slanderDefamatory mat due
347
Demurrer overruledJudgment 376 Justification and mitigation Evi
348
Demurrer to answer dence
349
Answer Contents Paragraphs 377 Presumption Matters of judicial numbered notice
350
Setoff 378 Property distrainedSufficient
351
Principal and suretySetoff swer
352
Counterclaim 379 Liberal construction Indefinite
353
Omission to plead counterclaim ness how corrected Effect 380 Evidence under general denial
354
CrossdemandsEffect of assignment 381 Fictions abolished or death 382 Paper lost or withheldCopy used
355
Setoff or counterclaimRight of de 383 Copy of pleading for adverse party fendant Rule
356
Answer joint or several 384 Case numbers continuous
357
Answer by guardian or committee 385 Sham pleadings
358
Defenses except general denial 386 Allegations when taken as true special 387 Damages when recoverable
359
Reply Demurrer thereto Para 388 Relief extent thereof graphs numbered 389 When party constructively SUM
360
Pleadings subscribed moned may defend
361
Interrogatories to partiesContinu 390 Complaint must be proved ance 391 Plaintiff may be examined
362
Interest
363
Excuse pleadedWhen a denial 393 No personal judgment
364
When instrument or copy must be 394 Variance immaterial unless party filed misled
365
Bill of particularsAbstract of title 395 Variance immaterial Action
366
Proof of execution of instruments court Verified pleaException 396 Failure of proof
367
Foreclosure
379
INFORMATIONS
385
MANDATE AND PROHIBITION
396
Who may compel
401
commenced
404
ConfirmationJudgment
409
Certificates of notariespublic 476 Register of Michigan road lands
464
SUPERIOR COURT
470
CRIMINAL COURT
477
Appointment of judges
480
JUSTICE OF THE PEACE
493
Sales
494
CHAPTER 4
537
SURETY OF THE PEACE
544
Warrant
545
References are to Sections
548
TRIALS BEFORE JUSTICES
550
THE GRAND JURY
558
Special finding by court
560
Arrest defined
568
When plaintiff is barred as to part 606 Costs where lands are attached
576
Peace officers
580
Forms and rules
586
Costs
601
Confessions
609
Indictment or information
613
Wrong offense charged
620
Causes
626
Prisoner confinedWho may see 1950 Pregnancy of female prisoner
629
Who may be present
635
Definitions
641
Treason
642
Treason murder
650
AGAINST PROPERTY
652
Embezzlement by tenants
664
Six months
666
AGAINST PUBLIC PEACE
673
ants
678
Disposing of obscene literature 2091 Letting stallions in public
685
Cruelty to poor
686
Extortion from pensioners
697
Creating stagnant water
703
Vagrancy
707
Property levied on to be relinquished 736 Debt or thing in action when given
708
Sureties may prevent stayExcep 739 First levy on property selected
712
Giving or selling tobacco to children 2216 Permits obtainingBond
715
Trading near campmeeting etc 2228 Spearing or trapping fish
721
Buying or concealing goods from 2022 Embezzlement by employes
724
Illegal voter
748
Influencing voter to refrain from 2343 Destroying ballotbox or ballots
754
Written instrument
756
Repeal
763
CHAPTER 6
769
Damages against sheriff for breach of 812 On failure to surrender execution
770
Presumption of death of absentee 2394 Vacancy Administrator de bonis
775
Citation
783
SUITS BY EXECUTORS AND ADMINISTRATORS
793
When and how filed
799
trators
812
Against defendants when joint or 609 Except divorce when opened
814
Petition by executor or adminis 2532 Tender and demand for payment
824
Hearing and order
830
When and how made
836
INSOLVENT ESTATES
842
By whom and how takenBond 2611 Costs
848
duty
853
To children equally
854
What to husband from wife
862
When personal property goes to 2668 Alienage of wife
872
Minor over fourteen may select 2678 Discharge of sureties
878
Guardian by will
879
Absence of judgeSpecial judge 1458 Qualifications of jurors
882
Expenses and
890
Contents of application
896
Corporations etc Agency
916
Term of office Residence
920
JuryNumberQualifications
922
Registry of notes
924
Filing is lien on realty
925
MembershipQuorum
932
B Bank with branches
933
When special judge selected
937
233 Ground of challengeAffidavit 2345 Selling signature to petition
939
Perjury
940
Challenge how tried
941
Form of indictment
942
When may bind to keep the peace 1937 Copy of judgment to sheriff
943
Omitted articles
945
Joint contracts and judgments 2477 Duty of executor concerning claims
946
Personal judgment when
947
Contents of complaint
951
Purchase by sheriff void
953
StatementBondOath
959
Defendants all served Judgment 611 Bona fide purchasers not affected
965
Notice of election
967
DamagesPeremptory writ
971
County board to meet
984
Exception defined
991
Who may make a will
998

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Página 88 - When the death of one is caused by the wrongful act or omission of another the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission.
Página 60 - Legislature so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House...
Página 210 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Página 194 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Página 331 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Página 53 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property...
Página 132 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Página 619 - When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that event, the cause may be again tried, at the same or another term.
Página 44 - If after such reconsideration a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the...
Página 91 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...

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