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action affirmed alleged amount answer appellant appellee application asked assignment authority bank bill cause Cent charge Circuit Court claim Company condition considered contract court Criminal damages death deceased deed defendant direct district duty effect election error evidence executed fact failed filed follows further give given ground hand held hold injury instruction interest issue John Judge judgment jury land matter ment motion negligence Note.—For notice objection opinion owner paid party payment person petition plaintiff pleaded possession present purchase question railroad reason record recover refused reversed rule says statement statute street sufficient suit testified testimony Texas tion told track tract train trial verdict wife witness
Page 291 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 400 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year, and unless such inventory has been taken within twelve calendar months prior to the date of this Policy, one shall be taken in detail within thirty days of issuance of this Policy, or this Policy shall be null and void from such date, and upon demand of the assured the unearned premium from such date shall be returned.
Page 347 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: 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.
Page 290 - But, if the parliament will positively enact a thing to be done which is unreasonable, I know of no power in the ordinary forms of the constitution that is vested with authority to control it...
Page 453 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 190 - When thou goest, it shall lead thee ; when thou sleepest, it shall keep thee ; and when thou awakest, it shall talk with thee. For the commandment is a lamp; and the law is light; and reproofs of instruction are the way of life: to keep thee from the evil woman, from the flattery of the tongue of a strange woman.
Page 434 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer, and puts an end to the negotiation, unless the party who made the original offer renews it, or assents to the modification suggested.
Page 200 - ... by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates...
Page 347 - ... it has long been an established principle in the law of corporations that they may exercise all the powers within the fair intent and purpose of their creation, which are reasonably proper to give effect to powers expressly granted. In doing this they must have a choice of means adapted to ends and are not to be confined to any one mode of operation.
Page 448 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.4 Sec.