Reports of Cases Decided in the Appellate Court of the State of Indiana, Volume 55Wm. B. Burford, 1915 "With tables of cases reported and cited, and statutes cited and construed, and an index." (varies) |
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Halaman 21
... trial court on a demurrer to such pleading , unless the record shows that the lower court adopted the other theory . p . 24 . - 4. APPEAL . - Harmless Error . - Ruling on Demurrer to Complaint . -Sustaining a demurrer to a paragraph of ...
... trial court on a demurrer to such pleading , unless the record shows that the lower court adopted the other theory . p . 24 . - 4. APPEAL . - Harmless Error . - Ruling on Demurrer to Complaint . -Sustaining a demurrer to a paragraph of ...
Halaman 24
Indiana. Appellate Court. McKinley v . Britton - 55 Ind . App . 21 . In their presentation of the alleged error of the trial court in sustaining the demurrer to the fourth paragraph of com- plaint , appellants insist , in effect , that ...
Indiana. Appellate Court. McKinley v . Britton - 55 Ind . App . 21 . In their presentation of the alleged error of the trial court in sustaining the demurrer to the fourth paragraph of com- plaint , appellants insist , in effect , that ...
Halaman 29
... trial attempt to present certain rulings of the trial court in the admission and exclusion of evidence . Neither 11. the pages nor the lines of the record where such admitted or excluded evidence or the exceptions there- to can be found ...
... trial attempt to present certain rulings of the trial court in the admission and exclusion of evidence . Neither 11. the pages nor the lines of the record where such admitted or excluded evidence or the exceptions there- to can be found ...
Halaman 74
... trial court failed to find fraud as a fact . In view of the other facts found , such a finding was unnecessary . Stroup v . Stroup , supra ; Ewing v . Wilson , supra ; Cotterell v . Koon ( 1898 ) , 151 Ind . 182 , 185 , 51 N. E. 235 ...
... trial court failed to find fraud as a fact . In view of the other facts found , such a finding was unnecessary . Stroup v . Stroup , supra ; Ewing v . Wilson , supra ; Cotterell v . Koon ( 1898 ) , 151 Ind . 182 , 185 , 51 N. E. 235 ...
Halaman 103
... trial court was entitled to know on what ground the motion was based . 1 Hogate , Pl . and Pr . §871 ; Hormann v ... court cannot look beyond the finding and the pleadings ( Furry v . O'Conner [ 1891 ] , 1 Ind . App . 573 , 580 , 581 ...
... trial court was entitled to know on what ground the motion was based . 1 Hogate , Pl . and Pr . §871 ; Hormann v ... court cannot look beyond the finding and the pleadings ( Furry v . O'Conner [ 1891 ] , 1 Ind . App . 573 , 580 , 581 ...
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action affirmed alleged amount appellant appellant's appellee appellee's assessment assignment of errors averments Bank belt bond brief Burns cause chattel mortgage Circuit Court cited claim Coal conclusions of law contract contributory negligence County court erred Crawfordsville Trust damages danger decedent deed defective defendant demurrer duty Evansville evidence ex rel executed failure favor filed gift inter vivos guardian husband IBACH Indiana Indianapolis injury instruction interrogatories issues judgment for plaintiff jury ladder land lant lease Leroy Jenkins Marion County ment motion note and mortgage NOTE.-Reported overruling paid paragraph of complaint parties payment person plaintiff pleading presented purchase question quiet title quitclaim deed real estate reason record recover replevin rule School Tp Section servant sorrel horse statute sufficient suit supra sustained therein thereof thereto tion township Traction trial court trust company Union Nat Union Trust Vandalia verdict William Guyer
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Halaman 34 - ... or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child...
Halaman 302 - The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Halaman 147 - ... and shall furnish, if required, verified plans and specifications of any building, fixtures, or machinery destroyed or damaged; and shall also, if required, furnish a certificate of the magistrate or notary public (not interested in the claim as a creditor or otherwise, nor related to the insured) living nearest the place of...
Halaman 1 - The court properly denied the motion for a new trial and the motion in arrest of judgment.
Halaman 112 - A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority.
Halaman 673 - public policy' is intended that principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good, which may be termed the policy of the law, or public policy in relation to the administration of the law...
Halaman 673 - It has never been defined by the courts, but has been left loose and free of definition in the same manner as fraud.
Halaman 568 - The Court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, on complaint or motion filed within two years.
Halaman 238 - Mills v. Green, 159 US 651, 653, involving the same principle as is herein involved, the Supreme Court of the United States said: The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which can not affect the matter in issue in the case before it.
Halaman 147 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire...