Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 86
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, 1883 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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action administrator affirmed agreed agreement alleged amount answer appellant appellant's appellee applied appointment asked assigned authority averred bill bonds cause charge Circuit Court claim complaint condition consideration constitute contract costs counsel damages death decided decision deed defendant demurrer entitled error et al evidence exceptions execution facts favor filed finding follows give given held husband instructions interest issue judge judgment jury land levy lien matter ment mortgage motion named necessary notice objection opinion overruling owner paid paragraph party payment person plaintiff pleading possession presented proceedings proper purchase question real estate reason record recover refused relation rendered rule signed statute sufficient suit supra sustained taken term thereof tion town township trial trustees verdict wife witness
Page 30 - If the thing wanting, or which failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the legislature to dispense with it by subsequent statute. And if the irregularity consists in doing some act, or in the mode or manner of doing some act which the legislature might have made immaterial by prior law, it is equally competent to make the same immaterial...
Page 202 - It is indeed the general rule that a policy, and the money to become due under it, belong, the moment it is issued, to the person or persons named in it as the beneficiary or beneficiaries : and that there is no power in the person procuring the insurance, by any act of his, by deed or by will, to transfer to any other person the interest of the person named.
Page 26 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 361 - Every devise of land, in any will hereafter made, shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear, by the will, that the devisor intended to convey a less estate.
Page 13 - And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Constitution; otherwise, it shall be void.
Page 498 - Two specifications of error have been assigned in this court; the first being that '-the court erred in overruling the demurrer to the complaint," and the second that "the court erred in overruling the appellant's motion for a new trial.
Page 535 - ... the interest of the owner in the lot or land on which it stands, to the extent of the value of any labor done, or materials furnished, or for both...
Page 495 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Page 197 - And the said company do hereby promise and agree, to and with the said assured, his executors, administrators and assigns, well and truly to pay or cause to be paid the said sum insured to the said assured, his executors, administrators or assigns, within ninety days after due notice and proof of the death of the said Jonathan C.
Page 203 - As a general rule applicable to the ordinary policies of life insurance, "where the policy designates a person to whom the insurance money is to be paid, the person who procures the insurance and who continues to pay the premiums has no authority, by will or deed, to change the designation of title to the moneys.