Reports of the Cases Decided in the Appellate Court of Indiana Volume 50
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. 1913 edition. Excerpt: ...party rather than that favorable to the first party, when such construction is consistent with the objects for which the instrument was prepared. Wilson V. Cooper (1899), 95 Fed. 625, 628; Leslie V. Bell (1904), 73 Ark. 338, 342, 84 S. W. 491; First Nat. Bank V. Hartford Fire Ins. C0. (1878), 95 U. S. 673, 24 L. Ed. 563; Rankin v. Rankin (1903), 111 Ill. App. 403, 409. H But for the reasons above suggested, the averments in the plea in abatement are not sufficient to show that either in law or equity the collection of plaintitf's claim, relied 2. upon in his complaint, should be delayed. What we have said in regard to the first paragraph of the plea, necessarily means that the second is also bad. The judgment is therefore reversed, with instructions to the court below to sustain the demurrer to each of the paragraphs of the answer in abatement, and for such further proceedings as may be consistent with this opinion. N0rE.--Reported in 98 N. E. 444. See, also, under (1, 2) 31 Cyc. 179; (3) 39 Cyc. 1292; (4) 39 Cyc. 1296; (5) 9 Cyc. 590. As to options to purchase land, also, as to time fixed for payment, see 104 Am. St. 271, 275. As to rule favoring the grantee of a deed in preference to the grantor, see 59 Am. Dec. 548. CHICAGO AND ERIE RAILROAD COMPANY v. HAMERICK, ADMINISTRATOR. No. 6,980. Filed November 28, 1911. Rehearing denied May 17, 1912. 1. PLEAnINe.--0omplaint.--Statntory Action.--Where a pleader seeks to state a cause of action under the statute, facts must be averred which bring the case within the provisions of the statute. p. 433. 2. lIASTEB AND SERvA1'r.--Ra/ilroad.s'.--Negligence.--Oomplaint.--Allegations.---"Signal."--In an action against a railroad company for the death of an employe, an allegation of...
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