Reports of Cases Decided in the Supreme Court of the State of Indiana, Volumul 164Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May Wm. B. Burford, 1905 " With tables of cases reported and cited, and statutes cited and construed, and an index." (varies) |
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affirmed agent alleged answer appellant's Appellate Court appellee appellee's assessment assigned auditor authority averred bill of exceptions Burns cause of action charged Chicago Circuit Court cited City commissioners complaint Connersville Constitution contract contributory negligence corporation counsel Court under 1337u Crawfordsville damages decedent defendant DeKalb county demurrer duty Ency error evidence ex rel executed facts favor filed Fleener & Hunter Garrigue Howard county Indiana Indianapolis injury instructions Judge judgment jury land lant lant's Law 2d liable line shaft loan Marion County matter ment mortgage motion negligence non est factum notes overruling owner paragraph party payment pellant Pennsylvania Co person plaintiff pleading purpose question railroad company real estate reason replevin reversed rule Rushville Section special finding statute sufficient supra surety sustained switch taxes testified thereof tion township Transferred from Appellate trial court trustee verdict witness
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Pagina 181 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Pagina 294 - It shall be the duty of the General assembly, as soon as circumstances will permit, to provide, by law, for a general system of education, ascending in a regular gradation, from township schools to a state university, wherein tuition shall be gratis, and equally open to all.
Pagina 209 - While the courts must exercise a judgment of their own, it by no means is true that every law is void which may seem to the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. Considerable latitude must be allowed for differences of view, as well as for possible peculiar conditions which this court can know but imperfectly, if at all.
Pagina 487 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Pagina 201 - They are not, in themselves, regulations of interstate commerce, although they control, in some degree, the conduct and liability of those engaged in such commerce.
Pagina 208 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Pagina 207 - In their exercise it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold.
Pagina 556 - Treasury, at the time the mortgage was offered for insurance, but not to exceed 3 per centum per annum, payable semiannually on the 1st day of January and the 1st day of July...
Pagina 207 - This brings us to inquire as to the principles upon which this power of regulation rests, in order that we may determine what is within and what is without its operative effect. Looking, then, to the common law, from whence came the right, which the Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Pagina 189 - If the wrong and the resulting damage are not known by common experience to be naturally and usually in sequence, and the damage does not, according to the ordinary course of events, follow from the wrong, then the wrong and the damage are not sufficiently conjoined or concatenated as cause and effect to support an action.