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 18
... jury , and that this instruc- the issue of fraud of this kind was not avail- tion might have misled the jury on the ques- able ; was not in the case . The objection tion of mental incapacity submitted in oth . made is disposed of by ...
... jury , and that this instruc- the issue of fraud of this kind was not avail- tion might have misled the jury on the ques- able ; was not in the case . The objection tion of mental incapacity submitted in oth . made is disposed of by ...
Page 25
... jury that the measure of proof required to es- tablish the existence of a crime in issue in a civil case is affected by the criminal nature of the act under investigation " -following Roths- child v . Ins . Co. , supra . It pointed out ...
... jury that the measure of proof required to es- tablish the existence of a crime in issue in a civil case is affected by the criminal nature of the act under investigation " -following Roths- child v . Ins . Co. , supra . It pointed out ...
Page 26
... jury there was a presumption of inno- cence of crime even in a civil case . ( b ) The rule laid down in Morton v . Hei- dorn , supra , ought not , in the writer's opin- ion , to be restricted to " presumptions of fact . " The Mockowik ...
... jury there was a presumption of inno- cence of crime even in a civil case . ( b ) The rule laid down in Morton v . Hei- dorn , supra , ought not , in the writer's opin- ion , to be restricted to " presumptions of fact . " The Mockowik ...
Page 52
... jury could observe he had two . So in this case it should not be said that the jury observ- ed that plaintiff's nose and face were not dis- figured when the plaintiff himself exhibited his face to the jury and pointed out by name the ...
... jury could observe he had two . So in this case it should not be said that the jury observ- ed that plaintiff's nose and face were not dis- figured when the plaintiff himself exhibited his face to the jury and pointed out by name the ...
Page 66
... jury . Every element of damage is included in its gener- al terms . It then proceeds to enlighten them as follows : " You will deduct from these amounts the bene- fits , if any , peculiar to said tract of land aris ; ing from the ...
... jury . Every element of damage is included in its gener- al terms . It then proceeds to enlighten them as follows : " You will deduct from these amounts the bene- fits , if any , peculiar to said tract of land aris ; ing from the ...
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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...