Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 25

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 25

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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. 1872 edition. Excerpt: the proper time, requested the court to give the following instructions to the jury: "If the jury should find that all the material allegations of the complaint are proved by a preponderance of evidence, then, in estimating the damages for the injury to the brown stallion mentioned in the complaint, you will have to find the difference in his value at the time he took the distemper and after he got over it; also the cost of curing him; also, what it would have cost the plaintifl' to procure another stallion, as good and similar in all respects, for the time he was disabled from the sickness. And in estimating the damages you cannot take into consideration the probable profits the plaintiff would have made, if the horse had not become diseased, in making his stands through the season during which he was disabled from sickness." The court refused the instruction, and the appellant excepted. This is the third error assigned by the appellant. 1 The first objection urged to the sufliciency of the complaint is, that the horses alleged to have been injured are not described with suflicient certainty. This objection is not presented by the demurrer. The statute provides that, "Where the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defense is not apparent, the court may require the pleading to be made definite or certain by amendment." 2 G. & H., 90, p. 112. It was held, in the case of Prindle v. Caruthers, 15 N. Y. R, 425, that such objections could not be presented by demurrer, but that a motion to make the faulty pleading more definite and certain was the correct practice. Again, it is insisted that the averment that the plaintifi kept a livery more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 123674215X
  • 9781236742155