Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 176

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 176

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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. 1913 edition. Excerpt: ...26 Mich. 70; Clark V. Turnbull (1885), 47 N. J. L. 265, 54 Am. St. 157; Mascolo V. Montesanto (1891), 61 Conn. 50, 23 Atl. 714, 29 Am. St. 170; monographic note to New Orleans, etc., R. Co. V. Louisiana Construction, ctc., Co. (1902), 94 Am. St. 395, 408; 30 Cyc. 1307; 10 Am. and Eng. Eney. Law (2d ed.) 323, 324, note 1; 1 Page, Contracts 247; 3 Elliott, Evidence 2181; 2 Greenleaf, Evidence (15th ed.) 302. In the section of Greenleaf just cited it is said: "If the imprisonment was lawful, that is, if it were by virtue of legal process, the plea is not supported, unless it appear that the arrest was upon process sued out maliciously and without probable cause; or that, while the party was under lawful arrest, unlawful force, constraint, or severity was infiicted upon him, by reason of which the instrument was executed." In this case appellee was lawfully charged with a crime and was under bond. He employed counsel and came into court with them, and voluntarily proposed to pay on condition that the indictments against him be nolle pressed. He suggeted his own terms. When the accountant had reported the amount of his indebtedness, by which report he had voluntarily agreed to abide, he still was not satisfied, but asked the court to review it, and this was done to his advantage. There is no element of illegal duress in all this. Having suggested to and pressed upon the court and prosecuting attorney the agreement to settle on condition of being relieved of the prosecution for a felony, it does not lie with appellee to claim that he was coerced into making the payment he made to carry out that agreement. We think another reason is evident for holding erroneous the conclusion of the trial court that the law was...
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Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236966848
  • 9781236966841