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Reports of Cases Decided in the Appellate Court of the State of Indiana (1911)

Reports of Cases Decided in the Appellate Court of the State of Indiana (1911)

          
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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Wea Tp. v. Cloyd?46 Ind. App. 49. paid. When so recovered, it must stand as a claim against the township, to be paid in its order out of the dog-tax fund, as such fund is paid in. Shelby Tp. v. Randles (1877), 57 Ind. 390. Appellant insists that it was erroneous for the further reason that it was not admitted that appellee was the owner of the Hock of sheep in Wea township, Tippe- 2. canoe county, Indiana. Appellant, by its second paragraph, admitted '' that certain sheep of plaintiff's were killed by dogs, as averred in his complaint. Appellant also admitted that it tendered to appellee $120 for his said damages, and brought the tender into court for the benefit of appellee. The tender was a statutory one, as provided under 3269 Burns 1908, Acts 1897 p. 178, 12, and, under the circumstances, was an admission of the township's liability to appellee for damages to some amuunt. Abel v. Opel (1865), 24 Ind. 250; 28 Am. and Eng. Ency. Law (2d ed.) 15; Bacon v. Inhabitants of Charlton (1851), 7 Cush. (Mass.) 581. Appellant insists that it was not admitted that the dogs which damaged the sheep were 3. not owned nor harbored by appellee. This fact was expressly admitted in the trial. Appellant further insists that it was not admitted that the number of sheep killed, as averred, is correct, or the number averred to have 4. been injured, correct, or that the sheep were of the number and value as alleged in the complaint. These were matters relating solely to the question of the amount of damages, and the court expressly charged the jury, in the instruction in question, that appellee had the burden of proving these facts, and that that was the question they had to determine. Furthermore, an examination of the record shows that it was specifically agreed that the c...


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Product Details
  • ISBN-13: 9780217924016
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 229 mm
  • No of Pages: 204
  • Spine Width: 12 mm
  • Width: 152 mm
  • ISBN-10: 0217924018
  • Publisher Date: 01 Aug 2009
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 304 gr


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