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action affirmed agent alleged amount answer appeal asked authority Bank bill cause charge Circuit claimed condition construction contained contract county court Court of Appeals damages defendant defendant's direct duty election engine entitled error evidence ex rel exceptions facts failed filed further give given ground held injury instruction Insurance interest issue Judge judgment jurisdiction jury land loss Louis March matter ment Missouri motion necessary negligence notice objection opinion party payment person petition plain plaintiff pleaded possession present proceeding proof proper prove purchase question Railroad Railway reason received record recover refused relator remanded rendered residence respondent reversed road rule signed statute street sufficient suit taken term testified testimony tion toll town train trial verdict witness writ
Page 360 - If a transaction resolve itself into a security, whatever may be its form, and whatever name the parties may choose to give it, it is in equity a mortgage.
Page 95 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 114 - ... proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found.
Page 214 - 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 18 - This point may be considered in connection with defendant's exception to the refusal of the court to direct a verdict in its favor...
Page 241 - The granting the license to sell is an adjudication upon all the facts necessary to give jurisdiction, and whether they existed or not, is wholly immaterial, if no appeal is taken; the rule is the same whether the law gives an appeal or not; if none is given from the final decree, it is conclusive on all whom it concerns.