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accepted action affirmed agent agreed alleged allowed amount appellant asked authority bill cause charge circuit claim contract counsel court damages deed defendant defendant's delivered directed dollars duty effect entered entitled error evidence fact failed filed fraud further give given hand held hold husband injury instruction Insurance interest issue Judge judgment jurisdiction jury land liability loss Louis matter motion necessary negligence notice objection offered paid party passenger payment person petition plain plaintiff pleadings proceeding proper prove purchase question Railroad reason received record recover recovery referred refused rendered respondent rule servant statement statute street sufficient suit sustained testified testimony thereof tion track train trial true verdict wife wire witness
Page 58 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action, between the same parties, upon a different claim or cause of action.
Page 175 - No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case shall be a question for the jury.
Page 109 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
Page 71 - ... first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 525 - The judgment will therefore be reversed, and the cause remanded, with directions to the trial court to enter judgment for plaintiff for $150, with С per cent, interest thereon from the institution of the suit.
Page 109 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Page 591 - A purchaser is not entitled to demand a title absolutely free from all suspicion or possible defect. He may claim a marketable title, and that means a title which a reasonable purchaser, well informed as to the facts and their legal bearings, willing and anxious to perform his contract, would, in the exercise of that prudence which business men ordinarily bring to bear upon such transactions, be willing to accept and ought to accept.