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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Results 1-5 of 99
Page 35
... JUDGMENT OF COURT OF APPEALS CONFLICT sound crossing signals . The second was OF DECISIONS . On certiorari to review judgment of the Court of Appeals on the ground that its deci- sion , refusing to determine whether verdict on one count ...
... JUDGMENT OF COURT OF APPEALS CONFLICT sound crossing signals . The second was OF DECISIONS . On certiorari to review judgment of the Court of Appeals on the ground that its deci- sion , refusing to determine whether verdict on one count ...
Page 37
... judgment . The court said : " As we have determined that the judgment cannot stand on the issue of undue influence found in favor of contestant , we are confronted with the question whether we will reverse and remand the case generally ...
... judgment . The court said : " As we have determined that the judgment cannot stand on the issue of undue influence found in favor of contestant , we are confronted with the question whether we will reverse and remand the case generally ...
Page 44
... judgment below , we find nothing which would warrant us in disturb- ing the finding and judgment of the trial court in this cause . [ 3 ] III . There is nothing in the petition or the record which indicates that relator has any interest ...
... judgment below , we find nothing which would warrant us in disturb- ing the finding and judgment of the trial court in this cause . [ 3 ] III . There is nothing in the petition or the record which indicates that relator has any interest ...
Page 47
... judgment in a suit by attachment against the party who was plaintiff's and defendant's com- mon source of title , the Supreme Court must presume that the trial court in the attachment suit acted in accordance with the law . [ Ed . Note ...
... judgment in a suit by attachment against the party who was plaintiff's and defendant's com- mon source of title , the Supreme Court must presume that the trial court in the attachment suit acted in accordance with the law . [ Ed . Note ...
Page 48
... judgment on November 30 , 1909. The rec- the Legislature intended to provide that up - ord being silent , so far as appears here , as on the filing of an answer in such a case the to the date on which the cause was taken un- attachment ...
... judgment on November 30 , 1909. The rec- the Legislature intended to provide that up - ord being silent , so far as appears here , as on the filing of an answer in such a case the to the date on which the cause was taken un- attachment ...
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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...