Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 128
Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1891
"With tables of the cases and principal matters" (varies).
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action administrator affirmed alleged amount answer appears appellant appellee application assessment assigned authority averred cause Circuit Court claim commissioners Company complaint conclusion condition consideration construction contract conveyed costs crossing death debt deed defendant demurrer ditch duty easement election error et al evidence ex rel executed facts filed finding follows give given held hold hundred husband Indiana injury instruction intention interest issue John judgment jury land liable lien ment mortgage motion named natural gas necessary notice objection opinion overruled owner paid paragraph parties pass payment person plaintiff possession presented proceeding proper purchase question railroad Railway Company real estate reason received record recover regulation rendered rule secure statute street sufficient suit supra sustained term tion train trial verdict wife witness
Halaman 589 - If. therefore, a statute, purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and therebv give effect to the Constitution.
Halaman 536 - the existence of any separate, oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, if, from the circumstances of the case, the court infers that the parties did not intend the document to be a complete and final statement of the whole of the transaction between them...
Halaman 58 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order.
Halaman 589 - ... citizen, or interferes with his personal liberty, then it is for the courts to scrutinize the act and see whether it really relates to and is convenient and appropriate to promote the public health.
Halaman 589 - Generally it is for the Legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort and safety, and while its measures are calculated, intended, convenient and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts. But they must have some relation to these ends. Under the mere guise of police regulations personal rights and private property cannot be arbitrarily invaded, and the determination...
Halaman 579 - By the settled doctrines of this court, the police power extends at least to the protection of the lives, the health, and the property of the community against the injurious exercise by any citizen of his own rights. State legislation, strictly and legitimately for police purposes, does not in the sense of the Constitution necessarily intrench upon any authority which has been confided, expressly or by implication, to the national government.
Halaman 540 - ... or enjoyed by such corporation, may be regulated, withheld, or be subject to conditions imposed upon the enjoyment thereof, whenever the general assembly shall deem necessary for the public good.
Halaman 182 - ... shall be computed by excluding the first day and including the last; and if the last be Sunday, it shall be excluded.
Halaman 567 - A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit.