Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 29E. W. Stephens., 1888 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agent agreement alleged amount answer application bond Brockenbrough cause of action charge circuit court claim Company contract contributory negligence corporation counsel court erred Court of Appeals court of equity creditors damages debt deed defendant defendant's demand demurrer entitled equity error evidence tending ex rel execution facts February 28 filed fraud hundred dollars instruction interpleader issue James G Judge judgment jurisdiction jury justice Kansas City Court land levy lien ment mortgage motion negligence objection opinion paid parties payment person petition plaintiff plaintiff in error pleadings proof provisions purchase question Railroad record recover refused remittitur respondent reversed Revised Statutes ROMBAUER rule Sportsman's Park Stat statement statute of frauds Strimple sufficient suit supra Supreme Court surety tending to show testimony thereof tiff tion trial court trust verdict Vernon county writ
Popular passages
Page 260 - A person is in legal jeopardy when he is put upon trial, before a court of competent jurisdiction, upon indictment or information which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance. And a jury is said to be thus charged when they have been impaneled and sworn.
Page 276 - 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 410 - It is a very unruly horse, and, when once you get astride It, you never know where it will carry you.
Page 356 - The doctrine has no place for application when the statement relates to rights depending upon contracts yet to be made, to which the person complaining is to be a party. He has it in his power in such cases to guard in advance against any consequences of a subsequent change of intention by the person with whom he is dealing.
Page 213 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 482 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 281 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation and the power is denied.
Page 355 - If, by inadvertence or mistake, provisions other than those intended were inserted, or stipulated provisions were omitted, the parties could have had recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But, until thus corrected, the policy must be taken as expressing the final understanding of the assured and of the insurance company.