The South Western Reporter, Volume 187West Publishing Company, 1916 - 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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Page 23
... evidence of its commission , warrants a direction of verdict against the charge of crime . [ Ed . Note . For other cases , see Evidence , Cent . Dig . 81 ; Dec. Dig . ~ 60 . ] 3. EVIDENCE 86 " REBUTTABLE PRESUMP- TION OF LAW . " A ...
... evidence of its commission , warrants a direction of verdict against the charge of crime . [ Ed . Note . For other cases , see Evidence , Cent . Dig . 81 ; Dec. Dig . ~ 60 . ] 3. EVIDENCE 86 " REBUTTABLE PRESUMP- TION OF LAW . " A ...
Page 24
... evidence greater than a mere preponderance , and thus violate the settled rule in civil cases and run counter to designated decisions of this court . [ 1 ] I. The Court of Appeals held the evi- dence warranted an instruction on circum ...
... evidence greater than a mere preponderance , and thus violate the settled rule in civil cases and run counter to designated decisions of this court . [ 1 ] I. The Court of Appeals held the evi- dence warranted an instruction on circum ...
Page 25
... evidence ; while in a criminal prosecution the crime must be proved beyond a reasonable doubt . " It further held that : " Instructions are to be condemned as prejudi- cial which directly or indirectly suggest to the jury that the ...
... evidence ; while in a criminal prosecution the crime must be proved beyond a reasonable doubt . " It further held that : " Instructions are to be condemned as prejudi- cial which directly or indirectly suggest to the jury that the ...
Page 26
... evidence tending to in itself evidence , as this court , in effect , prove the actual facts respecting that matter . held in State v . Kennedy , supra , when it refus- Our reports contain numerous decisions up - ed to follow Coffin v ...
... evidence tending to in itself evidence , as this court , in effect , prove the actual facts respecting that matter . held in State v . Kennedy , supra , when it refus- Our reports contain numerous decisions up - ed to follow Coffin v ...
Page 36
... evidence counts merely making different statements might be adduced under that count . The of the same cause of action , is a complete opinion of the Court of Appeals does not , and final bar to those counts upon which however , give ...
... evidence counts merely making different statements might be adduced under that count . The of the same cause of action , is a complete opinion of the Court of Appeals does not , and final bar to those counts upon which however , give ...
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Common terms and phrases
action ADVERSE POSSESSION affirmed alleged amended amount APPEAL AND ERROR Appeal from Circuit appellant appellant's appellee assignment authority Bexar county bill Carrabelle carrier cause Cent certiorari charge circuit court Civil Appeals claim Constitution contract contributory negligence county court Court of Appeals Court of Civil CRIMINAL LAW damages deceased deed of trust defendant defendant's Digests and Indexes employé evidence facts favor fendant filed held injury instruction issue Judge judgment June 12 jurisdiction jury Kansas City Key-Numbered Digests La Salle county land liability lien Louis Lumber ment Missouri motion negligence Note.-For opinion parties payment person petition plain plaintiff pleaded question railroad reason record road rule statute street suit Supreme Court testator testified testimony Texas thereof tiff tion topic and KEY-NUMBER tract trial court verdict West Plains wire witness writ
Popular passages
Page 152 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 31 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Page 226 - For the purpose of determining the object of a testator's bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property, which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator,...
Page 296 - State, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation, for the transportation of passengers or freight...
Page 179 - ... negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert the defendant's general issue into an affirmative defense. When all the evidence is in, the question for the jury is, whether the preponderance...
Page 191 - The Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation...
Page 322 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Page 367 - In deciding who are parties to the suit the court will not look beyond the record. Making a State officer a party does not make the State a party, although her law may have prompted his action, and the State may stand behind him as the real party in interest.
Page 77 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 179 - In our opinion, res ipsa loquitur means that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to...