Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 158
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, 1903 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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action affirmed agent agreement alleged amended amount answer appellant appellant's appellee application appointed assessment assigned authority benefit building Burns cause charge Circuit Court cited claim commissioners complaint conclusions condition Constitution construction contract corporation counsel damages decision deed defendant demurrer duty effect election error evidence ex rel executed facts favor filed finding fixed follows further give given grant ground held hold Horner Indiana injury instructions interest Judge judgment jury land legislature limits Lowe March matter ment mortgage motion necessary notice objection overruled owner paid paragraph parties payment person petition plaintiff pleading presented proceedings purchase question railroad real estate reason received record relator removal rendered respect rule Smith statute street sufficient suit sustained thereof tion trial witness
Page 423 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 392 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss stating separately sound value and damage, and, falling to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 681 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 423 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 517 - Whoever, by virtue of public position under a state government, deprives another of property, life or liberty without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition ; and as he acts in the name and for the state, and is clothed with the state's power, his act is that of the state. This must be so, or the constitutional prohibition has no meaning.
Page 556 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 553 - ... may vary the rates of excise upon various products ; it may tax real estate and personal property in a different manner; it may tax visible property only, and not tax securities for payment of money; it may allow deductions for indebtedness or not allow them. All such regulations and those of like character, so long as they proceed within reasonable limits and general usage, are within the discretion of the State legislature, or the people of the State in framing their Constitution.
Page 597 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 608 - For any injury to person or property, occasioned by any willful violation« of this Act, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured, for any direct damages sustained thereby...