Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Volumen27
Levey Bros., contractors for the state, 1902
With tables of cases reported and cited, and statutes cited and construed, and an index.
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action affirmed alleged allowed amount answer appellant appellant's appellee appellee's application assigned association authority averred Bank Board building cause charge Circuit Court claim complaint conclusions condition contract conveyance corporation crossing damages debt deed defendant demurrer directed effect entitled error evidence exceptions executed facts favor feet filed finding follows further give given ground held horse husband Indiana injury instructions interest issue John Judge judgment jury land loan ment Miller mortgage motion named negligence notice overruling owner paid paragraph party payment person plaintiff possession presented proceedings proper purchase question railroad real estate reason received record refused rendered rule shown statute street sufficient suit sustained taken thereof tion track train trial trust verdict wife witness
Página 242 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 60 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Página 613 - Indian within its jurisdiction the equal protection of the law, and .every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty...
Página 464 - The income out of which the mortgagee is to be paid is the net income obtained by deducting from the gross earnings what is required for necessary operating and managing expenses, proper equipment, and useful improvements. Every railroad mortgagee in accepting his security impliedly agrees that the current debts made in the ordinary course of business shall be paid from the current receipts before he has any claim upon the income.
Página 544 - ... other, to buy in an outstanding title and appropriate the whole subject to himself and thus undermine and oust his companion. It would be repugnant to a. sense of refined and accurate justice. It would be immoral, because it would be against the reciprocal obligation to do nothing to the prejudice of each other's equal claim, which the relationship of the parties as joint devisees created.
Página 243 - It is certainly a maxim,' said Lord Mansfield, 'that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.
Página 524 - When an accusation in writing, verified by the oath of any person, is presented to a superior court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office...
Página 426 - The cause was submitted to the court for trial without a jury, and evidence introduced.
Página 58 - A lien created by or obtained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process or a judgment by confession, which was begun against a person within four months before the filing of a petition in bankruptcy by or against such person shall be dissolved by the adjudication of such person to be a bankrupt if...