Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 3

Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 3

By (author) 

List price: US$22.39

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1892 edition. Excerpt: ...Again: The foundation of the-appellee's action is the written lease, and this is properly filed as an exhibit with the complaint in the case at bar. The description in the lease is admitted to be the correct one. But where there is a conflict between a description in a complaint, and that contained in an exhibit, properly filed with such complaint, the latter controls. Cotton v. State, ea: rel., 64 Ind. 573; Bag/less v. Glenn, 72 Ind. 5; Avery v. Dougherty, 102 Ind. 443. Hence, we conclude tha't there is no variance. The appellant also contends that the evidence fails to show that the appellant had possession of the disputed premises when this suit was commenced. If it was necessary to prove such possession, the evidence abundantly establishes it. The appellant himself testified that he had had the property seven years, and that during the last five years he had held it under a written lease. As a reason for his refusal to surrender the place, he claimed that Scheller said he might hold the property as long as he (appellant) wanted it, if he would pay as much rent for it as any one else, and he (Scheller) did not want it himself. This, coupled with the written lease, in evidence, gave the court ample ground for finding that the appellant was unlawfully holding over, if the appellee was required to prove it.-_ We are not able to discover any error in the record. Mumcrrar. CORPORATION.--Impr0vement: .----Dgfcentsctive Drainage.--Liabiliz9.--In an action against a city for damages for wrongfully collecting a large body of surface water upon a public alley, by artificial means, without providing any outlet therefor, whereby the plaintiff 's premises were overflowed, the complaint alleged that the defendant wrongfully excavateshow more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236939069
  • 9781236939067