Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 130Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Benjamin Harrison, Gordon Tanner, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1892 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
From inside the book
Results 1-5 of 62
Page 16
... jurisdiction , all objections to the regularity of such appointment are waived . From the Allen Circuit Court . R. S. Robertson and R. Lowry , for appellant . J. Morris , J. M. Barrett and W. G. Colerick , for appellee . MILLER , J ...
... jurisdiction , all objections to the regularity of such appointment are waived . From the Allen Circuit Court . R. S. Robertson and R. Lowry , for appellant . J. Morris , J. M. Barrett and W. G. Colerick , for appellee . MILLER , J ...
Page 19
... jurisdiction of the special judge called to try the case to finally dispose of the case , after the defendant had asked to have it remanded to the regular judge of the court . The transcript informs us that on the 1st day of October ...
... jurisdiction of the special judge called to try the case to finally dispose of the case , after the defendant had asked to have it remanded to the regular judge of the court . The transcript informs us that on the 1st day of October ...
Page 20
... jurisdiction in the special judge to proceed further . In the brief of counsel this want of jurisdiction is said to have been occasioned by the failure of the regular judge to make out an appointment of the special judge in writing ...
... jurisdiction in the special judge to proceed further . In the brief of counsel this want of jurisdiction is said to have been occasioned by the failure of the regular judge to make out an appointment of the special judge in writing ...
Page 21
... jurisdiction , all objections to the regu- larity of such appointment shall be deemed waived . A practice that would permit a party litigant to proceed for months before a de facto judge , to make issues , and obtain rulings upon legal ...
... jurisdiction , all objections to the regu- larity of such appointment shall be deemed waived . A practice that would permit a party litigant to proceed for months before a de facto judge , to make issues , and obtain rulings upon legal ...
Page 33
... jurisdiction . ACTION . The lapse of time between the bringing of a suit and the rendi- tion of a decision therein can not defeat the plaintiff , if he has not been guilty of laches in the prosecution of the cause of action . JUDGMENT ...
... jurisdiction . ACTION . The lapse of time between the bringing of a suit and the rendi- tion of a decision therein can not defeat the plaintiff , if he has not been guilty of laches in the prosecution of the cause of action . JUDGMENT ...
Other editions - View all
Common terms and phrases
alleged answer appellant appellant's appellee appellee's apply assessment assignment attorney authority averment ballots bill of exceptions board of commissioners cause of action Center township Circuit Court City claim complaint contract conveyance conveyed corporation counsel court erred court of equity creditors damages deed defendant demurrer election entitled equity error Evansville evidence ex rel execution facts highway injury John Shillito Company judge Judgment affirmed jurisdiction jury Kitts land Legislature lien ment Morgan mortgage motion negligence Noblesville nunc pro tunc objection overruled owner paragraph party payment pellant Pennsylvania Co Pennsylvania Company person petition plaintiff plat pleading possession proceedings prosecution Pulaski County purchase question quiet title R. W. Co railroad Railway Company real estate reason record rendered rule sheriff special finding statute streets sufficient suit supra sustained taxes Terre Haute tion township tract trial trustee verdict void wife witness
Popular passages
Page 150 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 273 - ... the party of the second part is concerned, should he die first, — now, therefore, in consideration of the payment of the sum of one dollar by the party of the first part to the party of the second part...
Page 551 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 151 - ... implied in or incident to the powers expressly granted ; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied. Of every municipal corporation the charter or statute by which it is created is its organic act. Neither the corporation nor its officers can do any act, or make any contract, or incur...
Page 152 - It is well settled that laws and regulations of this character, though they may disturb the enjoyment of individual rights, are not unconstitutional, though no provision is made for compensation for such disturbances.
Page 119 - County, at the regular township election in the year 1888, duly qualified and entered upon the discharge of his duties as such, and is yet in the possession of the office, claiming title thereto.
Page 76 - Court or other competent authority, or by any other person on his own relation, whenever he claims an interest in the office, franchise, or corporation which is the subject of the information. (750.) 1133. Of what to consist. 816. The information shall consist of a plain statement of the facts which constitute the grounds of the proceeding, addressed to the Court.
Page 202 - They are in every instance the sole judges of the facts, and, when called as grand jurors, they are the judges of the law as well as of the facts.
Page 384 - If he suffers injury, it is either damnum absque injuria, or, in the theory of the law, he is compensated for it by sharing in the general benefits which the regulations are intended and calculated to secure.
Page 458 - The true principle requires something more than a mere designation by such characteristics as will serve to classify, for the characteristics which thus serve as...