The South Western Reporter, Volume 288West 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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Results 1-5 of 99
Page 42
... issue raised amended petition herein filed . " and presented by the pleadings herein , and because , in the determination of such issue , it seems apparent to us that the trial court was necessarily called upon to adjudicate the na ...
... issue raised amended petition herein filed . " and presented by the pleadings herein , and because , in the determination of such issue , it seems apparent to us that the trial court was necessarily called upon to adjudicate the na ...
Page 59
... issue of acceptance to jury so as to render harmless erroneous in- struction on other issue . 6. Sales 182 ( 4 ) -Buyer's taking of machin- ery from carrier and notifying seller that it refused to accept , but was holding machinery ...
... issue of acceptance to jury so as to render harmless erroneous in- struction on other issue . 6. Sales 182 ( 4 ) -Buyer's taking of machin- ery from carrier and notifying seller that it refused to accept , but was holding machinery ...
Page 66
... issue in the case , and error in the giving of instructions upon that issue is not material to the merits , the judgment being clearly for the right par- ty . Appellant , combating this contention , in- sists that the cause was tried ...
... issue in the case , and error in the giving of instructions upon that issue is not material to the merits , the judgment being clearly for the right par- ty . Appellant , combating this contention , in- sists that the cause was tried ...
Page 67
... issue or question court's action in that respect apparently be- ing influenced or controlled , to some extent , at least , by the statement of plaintiff's coun- sel that plaintiff " hasn't sued on the theory they have accepted . " When ...
... issue or question court's action in that respect apparently be- ing influenced or controlled , to some extent , at least , by the statement of plaintiff's coun- sel that plaintiff " hasn't sued on the theory they have accepted . " When ...
Page 68
... issue of acceptance . The issue of ac- ceptance should be submitted with such clear- ness and certainty by the instructions that the jury will know and understand beyond a peradventure or doubt that they are called upon to decide that ...
... issue of acceptance . The issue of ac- ceptance should be submitted with such clear- ness and certainty by the instructions that the jury will know and understand beyond a peradventure or doubt that they are called upon to decide that ...
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Common terms and phrases
action affirmed alleged amount answer Appeals of Texas appellant's appellee authority bank bill of exceptions buyer cause charge Civil Appeals claim Commission of Appeals contract corporation Court of Civil Criminal law damages deceased deed of trust defendant's demurrer Digests and Indexes district court estoppel evidence facts fendant filed Grafeman Groesbeck held homestead Houston Houston county injury instruction issue James Bradley judge judgment jury Key-Numbered Digests land liability lien liquor locking device ment Morrillton mortgage motion negligence opinion paid parties payment petition plaintiff in error pleaded proof purchase question railroad reason record refused Rehearing remanded restrictive covenant reversed reversible error seller Semolina shipment State's Atty statute suit testified testimony thereof tiff tion topic and KEY-NUMBER tract trial court verdict wife witness
Popular passages
Page 437 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. 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 438 - ... the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 296 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 438 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 29 - The court may, either before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 276 - No mortgage, trust deed or other lien on the homestead shall ever be valid, except for the purchase money therefor, or improvements made thereon, as hereinbefore provided, whether such mortgage or trust deed or other lien shall have been created by the husband alone or together with his wife; and all pretended sales of the homestead involving any condition of defeasance shall be void.
Page 362 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 346 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed.
Page 170 - ... no increase of capital shall be valid until the whole amount of such increase shall be paid in, and notice thereof shall have been transmitted to the comptroller of the currency, and his certificate obtained specifying the amount of such increase of capital stock, with his approval thereof, and that it has been duly paid in as part of the capital of such association.
Page 98 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful by criminal or unlawful means.