The South Western Reporter, Volume 296West Publishing Company, 1927 - 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 34
... charge of them . Witness could not say whether the policeman got on the car or not , but he heard the motorman call the policeman and saw him point out the plaintiff and her companions to the officer and heard the motorman say , " Take ...
... charge of them . Witness could not say whether the policeman got on the car or not , but he heard the motorman call the policeman and saw him point out the plaintiff and her companions to the officer and heard the motorman say , " Take ...
Page 60
... charge on the subject of the credibility of the witnesses . We did not reverse the judg- was given , but we did say that : The court modified the instruction by striking out the part inclosed in parentheses , and this action is assigned ...
... charge on the subject of the credibility of the witnesses . We did not reverse the judg- was given , but we did say that : The court modified the instruction by striking out the part inclosed in parentheses , and this action is assigned ...
Page 107
... charge of the movements of the engine involved knew , or by the exercise of ordinary care could have known and should have known , that the track was not in a condition in which an engine and tender of the style and type being used ...
... charge of the movements of the engine involved knew , or by the exercise of ordinary care could have known and should have known , that the track was not in a condition in which an engine and tender of the style and type being used ...
Page 125
... charge two or more of- fenses . Where an indictment or information in sepa- rate counts charges two or more offenses grow- ing out of the same transaction , or charges same offense in different ways , a motion to elect will not lie ...
... charge two or more of- fenses . Where an indictment or information in sepa- rate counts charges two or more offenses grow- ing out of the same transaction , or charges same offense in different ways , a motion to elect will not lie ...
Page 127
... charged . The proof of such sales could not involve the same whisky which was transported later . formation charged a ... charge the same cffense . The court should not permit a trial to begin or proceed when an information is in the ...
... charged . The proof of such sales could not involve the same whisky which was transported later . formation charged a ... charge the same cffense . The court should not permit a trial to begin or proceed when an information is in the ...
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affirmed alleged amended appellant's appellee automobile Bank bond cause of action certiorari charge Charles Schultz circuit court Civil Appeals Cole county Company Constitution contract convicted corn whisky counsel Court of Appeals Court of Civil Criminal law damages deceased decree defendant defendant's demurrer dence Digests and Indexes district evidence ex rel facts fendant filed held Indexes 296 injury instruction Jasper county Judge judgment jurisdiction jury Kansas City Key-Numbered Digests land lien Louis lumber ment Missouri motion motorman negligence offense opinion overruled parties payment person petition plaintiff plaintiff in error pleaded prosecution question reason record refusal reversed rule statement statute street car suit supra Supreme Court sustained Tenn testator testified testimony Texas thereof tiff tion topic and KEY-NUMBER track trial court truck verdict whisky witness writ
Popular passages
Page 317 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 118 - In case any parent, guardian or other person shall fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor...
Page 202 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration ; and every person whose signature appears thereon to have become a party thereto for value.
Page 285 - It is agreed that this lease shall remain in force for a term of years from this date, and as long thereafter as oil or gas, or either of them, is produced from said land by the lessee.
Page 67 - The insured, as often as required, shall exhibit to any person designated by this company, all that remains of any property herein described, and submit to examinations under oath by any person named by this company, and subscribe the same; and, as often as...
Page 53 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 25 - Express trusts are those which are created by the direct and positive acts of the parties by some writing, or deed, or will.
Page 340 - The Common Law affords to every one reasonable protection against fraud in dealing; but it does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of information.
Page 69 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 74 - Claims is reversed and the cause remanded with directions to render judgment in favor of the appellant in accordance with this opinion.