Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana: With Tables of the Cases and Principal Matters, Volume 5Douglass and Maguire, 1844 - Law reports, digests, etc |
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REPORTS OF CASES ARGUED & DETE, Volume 2 Isaac Newton 1786-1859 Blackford,Indiana Supreme Court,Edwin Augustine Davis No preview available - 2016 |
Common terms and phrases
ad quod damnum affidavit affirmed with costs alleged amount appear appellee assigned assumpsit averment bill Blackf BLACKFORD bond cause of action Cause remanded cents chancery Chitt Circuit Court commenced commissioners complainant consideration constable contract conveyance count covenant Curiam.-The judgment declaration decree deed defendant's delivered demand demurrer DEWEY dollars error evidence execution executors favour filed final judgment given Hagerstown heirs Held Ibid indictment indorsement intestate issue J.-This judgment is affirmed judgment is reversed jury justice land legacy M'Clure M'CORMICK Malin matter ment motion November November 22 objection overruled paid parties payable payee payment peace person plaintiff plaintiff in error plea in abatement promise promissory note proved purchase real estate record refused rendered replevin replication reversed with costs scire facias set-off sheriff Smith sold special plea statute sued sufficient suit SULLIVAN surety sustained Term testimony tiel tion trespass trial witness writ
Popular passages
Page 582 - What circumstances will amount to proof can never be matter of general definition. The legal test is, the sufficiency of the evidence to satisfy the understanding and conscience of the jury. On the one hand, absolute, metaphysical and demonstrative certainty, is not essential to proof by circumstances. It is sufficient if they produce moral certainty, to the exclusion of every reasonable doubt.
Page 21 - By the general rules of the common law, if there be a contract which has been reduced into writing, verbal evidence is not allowed to be given of what passed between the parties, either before the written instrument was made, or during the time that it was in a state of preparation, so as to add to or subtract from, or in any manner to vary or qualify the written contract...
Page 524 - ... he who bargains in a matter of advantage with a person placing a confidence in him, is bound to show that a reasonable use has been made of that confidence, a rule applying equally to all persons standing in confidential relations with each other.
Page 116 - The court has had this case under its consideration, and is of opinion that the circuit court had no authority to order a peremptory nonsuit, against the will of the plaintiff. He had a right by law to a trial by a jury, and to have had the case submitted to them. He might agree to a nonsuit; but if he did not so choose, the court could not compel him to submit to it.
Page 456 - That section numbered sixteen, in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State, for the use of the inhabitants of such township, for the use of schools.
Page 413 - On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules.
Page 417 - ... belonging thereto, is part of the realty, and not the subject of larceny, unless the same is first severed from the realty by one act, and then stolen by another and distinct act." The court refused the charge. This refusal gives rise to a question not free from technical difficulties. It was anciently decided in England that charters and other assurances of real estate, and the chest in which they were kept, savored so much of the realty, that they could not be the subjects of theft. But it...
Page 93 - Parliament made in aid of the common law prior to the fourth year of the reign of King James the first, and which are of a general nature, not local to that kingdom...
Page iv - A petition in bankruptcy having been filed on the day of , 19 , before the District Court of the United States within and for the District of...
Page 3 - Wood,(5) it was held, the court will not relieve against a judgment at law, on the ground of its being contrary to equity, unless the defendant...