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Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 131

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 131


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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. 1893 edition. Excerpt: ...of the lien. 1 Jones Mortg., section 662. The rights of the citizens of this State to appoint non-resident trustees are not involved in this case. Another question involved in the consideration of the constitutionality of the act under consideration may be excluded from the present discussion: that is the right of a non-resident trustee to prosecute in the courts of this State actions affecting the trust property. ' We infer from the last clause of the section that it was the purpose of the Legislature in enacting this statute to compel trustees to reside within the State in order to bring them within the process and subject to the control of the State courts. In the present action the suit was brought by a resident trustee who owed his appointment to the order of the court, and not to the act of the parties. We have remaining for determination the question, does, or does not, this act, as applied to the facts disclosed in the record, impair the privileges and immunities of citizens of another State or of the United States, as guaranteed in article 4, section 2, and the Fourteenth Amendment of the Constitution of the United States? The constitutionality of this act has never been passed upon by this court, although the question seems more than once to have been in the mind of the court. In holding that this act did not apply to the trustees appointed prior to the passage of the act, the court, in Hempson v. Edwards, 85 Ind. 414, said: " Waiving all discussion as to the power of the Legislature to enact such a statute as applicable to trustees to be thereafter appointed, it is mani fest," etc. In Bryant v. Richardson, 126 Ind. 145 (153), it is said that it" may well be doubted " if that portion of this statute which...


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Product Details
  • ISBN-13: 9781130489996
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 113048999X
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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