The South Western Reporter, Volume 300West Publishing Company, 1928 - 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 43
... assignment disposes stating " that the court should affirmatively of the fourth assignment of error . [ 4 ] By its second and third assignments the plaintiff in error assigns as error special is- sue No. 19 , submitted by the trial ...
... assignment disposes stating " that the court should affirmatively of the fourth assignment of error . [ 4 ] By its second and third assignments the plaintiff in error assigns as error special is- sue No. 19 , submitted by the trial ...
Page 99
... assign- ment of error . By referring to the first assignment , we find that it is based upon his bill of exception No. 1. On an exam- ination of that bill , it does not appear that any conversation was offered in evidence that the truck ...
... assign- ment of error . By referring to the first assignment , we find that it is based upon his bill of exception No. 1. On an exam- ination of that bill , it does not appear that any conversation was offered in evidence that the truck ...
Page 102
... assign- ment as to directing verdict , not constituting proposition within itself , and not followed by one ... assignment of error so distinctly specifying ground of it as to enable court to determine just what specific er- ror ...
... assign- ment as to directing verdict , not constituting proposition within itself , and not followed by one ... assignment of error so distinctly specifying ground of it as to enable court to determine just what specific er- ror ...
Page 103
... assignment , and the second of an averment that the release in- volved is void , are sought to be submitted un- der this assignment : " The court erred in sustaining , and in not overruling , the motion of the defendant for the court to ...
... assignment , and the second of an averment that the release in- volved is void , are sought to be submitted un- der this assignment : " The court erred in sustaining , and in not overruling , the motion of the defendant for the court to ...
Page 107
... Assignments 68 , 69 - Employee's conduct in continuing employment after transfer of business was not estoppel as to or ratification of attempted assignment of employment con- tract . Where employee , under contract authorizing employer ...
... Assignments 68 , 69 - Employee's conduct in continuing employment after transfer of business was not estoppel as to or ratification of attempted assignment of employment con- tract . Where employee , under contract authorizing employer ...
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acres action affirmed agent alleged amount Appeals of Texas appellant appellant's appellee appellee's automobile bank bill bond cause cause of action charge circuit court Civil Appeals claim Cole County Company contract contributory negligence county court Court of Civil damages deed defendant defendant's demurrer Digests and Indexes District Court Eastland county employer estoppel evidence fendant filed Frigidaire Greenland Hills held homestead injury instruction issue Judge judgment jury Key-Numbered Digests land lant lease lien Mack Company ment negligence owner parties payment pellant petition plaintiff plaintiff in error pleadings premises prosecution purchase question reason remanded reversed Rockwall county rule service of process statement of facts statute suit sustained tenant term testified testimony thereof tion topic and KEY-NUMBER tract trial court trust Walker county wife witness
Popular passages
Page 3 - The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business...
Page 135 - It is for the comptroller to decide when it is necessary to institute proceedings against the stockholders to enforce their personal liability, and whether the whole or a part, and if only a part, how much, shall be collected. These questions are referred to his judgment and discretion, and his determination is conclusive. The stockholders cannot controvert it.
Page 109 - Rights arising out of contract cannot be transferred if they are coupled with liabilities, or if they involve a relation of personal confidence such that the party whose agreement conferred those rights must have intended them to be exercised only by him in whom he actually confided.
Page 82 - ... he shall be confined in the penitentiary not less than two nor more than five years; if it be done without her consent, the punishment shall be doubled. By 'abortion...
Page 152 - And provided further, that where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, and not later.
Page 18 - December, 1935, entered in the above entitled cause, and the court having heard arguments of counsel, and being fully advised in the premises, is of the opinion that...
Page 8 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 154 - That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof, and shall be commenced within one year after the performance and final settlement of said contract, and not later...
Page 435 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 392 - ... then the plaintiff ^cannot recover, and your verdict should be for the defendant.