Reports of the Cases Decided in the Appellate Court of Indiana Volume 46

Reports of the Cases Decided in the Appellate Court of Indiana Volume 46

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...because of his having 7. procured the board to violate its duty, and this he cannot be permitted to do. Elementary principles of law forbid it, and so does the statute. The proceeding is but a continuation of the prior one. Perry county is the beneficiary of them both, and is the real party in interest. Appellees might, upon motion, have had the original ac, tion reinstated, and, by substitution of parties and 8. pleadings, have removed all possible doubt on the subject, but the law regards that as done which should be done, and is not concerned as to forms. Section 301 Burns 1908, 299 R. S. 1881, is exactly in-point. It is as follows: "If, after the commencement of an action, the plaintiff fail therein, from any cause except negligence in the prosecution; or the action abate, or be defeated by the death of a party; or judgment be arrested or reversed on appeal, a new action may be brought within five years after such determination, and be deemed a continuation of the first, for the purposes herein contemplated." The case filed did not failthrough the negligence of the county, and there is, therefore, no statute under which said appellee is entitled to claim a limitation, except as he could have claimed on April 19, 1899. There are further questions which will likelyarise during a retrial, that, in view of the time this litigation has been pending, ought to be settled now. Said appellee did 9. not make any claim for salary credits during the number of years following the salary act of 1895 (Acts 1895 p. 319), but did not file bills for fees to which he claimed he was entitled, and such bills were allowed. These allowances were not allowances of salary. The bills contain many items which are clearly illegal, and more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236808711
  • 9781236808714