The South Western Reporter, Volume 278West Publishing Company, 1926 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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Common terms and phrases
action adverse possession affirmed alleged Andrew county Appeal from District Appeals of Texas appellant appellant's appellee bank bill of exceptions cause charge Circuit Court Civil Appeals claim Company contract contributory negligence county court Court of Civil covenants Criminal law deceased decree deed defendant's demurrer Digests and Indexes District Court evidence facts fendant filed Fort Worth held injury instruction issue Judge judgment jury Key-Numbered Digests land lant lant's lease liable lien mandamus McLennan county ment mortgage motion negligence owner parties payment pellant pellee petition plaintiff in error pleaded possession prosecution purchase question quitclaim deed record refused Rehearing remanded rendered restrictive covenants reversed reversible error State's Atty statute suit Supreme Court sustained testified testimony thereof tion topic and KEY-NUMBER tract trial court trust verdict whisky wife witness writ
Popular passages
Page 331 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 145 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 38 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 263 - Ohio, that a trust is a combination of capital, skill or acts by two or more persons...
Page 161 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Page 90 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year...
Page 42 - ... incapable of enforcing it against the other, though its execution in the latter way might in itself be free from the difficulty attending its execution in the former.").
Page 371 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy, or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery.
Page 42 - A contract to be specifically enforced by the Court must. as a general rule, be mutual, — that is to say, such that it might, at the time it was entered into, have been enforced by either of the parties against the other of them.
Page 271 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.