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action affirmed agent agreed alleged amount answer appeal appellee application asked assignment authority bank bill building cause charge circuit court claim Company contract court damages deceased deed defendant defendant's duty effect entitled error evidence execution facts failed favor filed further give given ground held injury instruction interest issue Judge judgment jury justice land lease Louis March matter ment motion negligence notice objection opinion paid parties payment petition plain plaintiff possession present purchase question railroad Railway reason received record recover refused rendered respondent reversed road rule statement statute sufficient suit term testified testimony Texas tion track train trial trust verdict wife witness writ
Page 82 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 85 - There is no evidence in the case tending to show that the...
Page 197 - The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him.
Page 79 - ... that such evidence tends to draw away the minds of the jurors from the point in issue, and to excite prejudice and mislead them ; and, moreover, the adverse party having had no notice of such a course of evidence is not prepared to rebut it.
Page 356 - The trustee of the estate of a bankrupt and his successor or successors, if any, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Page 208 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...
Page 199 - ... 1 Greenleaf, 12th ed. § 108. See also 1 Bishop's Cr. Pro. §§ 10S3 to 1086. " The res gestee" Wharton said, " may be, therefore, defined as those circumstances which are the undesigned incidents of a particular litigated act, and which are admissible when illustrative of such act.
Page vi - ... and shall contain separate and apart from the argument or discussion of authorities, a statement, in numerical order, of the points relied on, together with a citation of authorities appropriate under each point.