 Court; nor shall any judgment be stayed or reversed, in whole or in part, where it shall appear to the court that the merits of the cause have been fairly tried and determined in the court below.  Reports of Cases Decided in the Supreme Court of the State of Indiana - Stran 605avtor: Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1915Celotni ogled - O knjigi
 | 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 - 1856 - 614 strani
...before us, because the defect complained of is not of form but one of substance; nor does it appear "that the merits of the cause have been fairly tried and determined by the Court below." Again, it is contended that the release of error in the warrant and judgment estops... | |
 | 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 - 1857 - 650 strani
...judgments shall not be stayed or reversed in whole or in part, where it shall appear to the appellate court that the merits of the cause have been fairly tried and determined in the court below. 2 R, S. p. 163, s. 580. Here, the Court tried the cause by consent, and correctly rendered judgment... | |
 | 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 - 1860 - 642 strani
...Court, to be reinstated on the docket. The motion for costs was not afterwards renewed. And finally, "the merits of the cause have been fairly tried and determined in the Court below." 2 RS p. 163.— Rockhill v. Spraggs, 9 Ind. R. 30. Under our code, the ruling in Griggsv. Voorhies,... | |
 | 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 - 1861 - 700 strani
...was made by the Court and not by the jury. The statute provides that no judgment shall be reversed, "where it shall appear to the Court that the merits...been fairly tried and determined in the Court below." 2 RS p. 16-3. — Riley v. Murray, S Ind. R. 354. We find no error in the record for which the judgment... | |
 | 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 - 1862 - 754 strani
...demurring, should have moved to reject it. At all events, in looking into the record, it manifestly appears that "the merits of the cause have been fairly tried and determined in the Court below;'' and, though the Common Pleas may have erred in its ruling 183 upon the demurrer to the third reply,... | |
 | 1887 - 542 strani
...committed, would not authorize the reversal of the judgment; for our statute imperatively requires " where it shall appear to the court that the merits...been fairly tried and determined In the court below," that the judgment shall not " be stayed or reversed in whole or in part." Sec. 558, Rev. Stat. 1881;... | |
 | 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 - 1874 - 672 strani
...any judgment be stayed or reversed, in whole or in part, where it shall appear to the court thatthe merits of the cause have been fairly tried and determined In the court below." 2 G. & H. 278, sec. 580. There is nothing in the third assignment of error. The property is clearly... | |
 | 1896 - 542 strani
...a demurrer to a pleading, or on account of any other defect, when it appears from the whole record that the merits of the cause have been fairly tried and determined. Burn's Kev. St. 1894 Sec. 348-070. (Rev. St. 1881, >*c. 343, 658). But the whole record of the proceedings... | |
 | 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 - 1881 - 684 strani
...provided that no judgment shall be reversed, in whole or in part, where, as in the case at bar, it shall appear to the court that the merits of the cause...been fairly tried and determined in the court below. 2 RS 1876, p. 246. The judgment is affirmed, at the appellant's costs. Parker r. Clayton. No. 7621.... | |
 | 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 - 1881 - 694 strani
...charged, it is immaterial to inquire. In the language of the 580th section of the code, it "appear[s] to the court that the merits of the cause have been fairly tried and determined in the court below," and the judgment should not be reversed for any cause which has been brought to our attention. Judgment... | |
| |
