The Southwestern Reporter, Volume 139West Publishing Company, 1911 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 6
... issue as to whether the ma - jury that " the various telegrams between turity of appellee's claim was postponed , so ... issue would require the reading of this entire testimony . This we are not required to do . [ 4 ] But , waiving this ...
... issue as to whether the ma - jury that " the various telegrams between turity of appellee's claim was postponed , so ... issue would require the reading of this entire testimony . This we are not required to do . [ 4 ] But , waiving this ...
Page 75
... issue of fact upon which the rights of the parties to the suit depend , it is error to withdraw such issue from the jury by a per- emptory instruction to return a verdict in favor of either party . If , then , there were such an issue ...
... issue of fact upon which the rights of the parties to the suit depend , it is error to withdraw such issue from the jury by a per- emptory instruction to return a verdict in favor of either party . If , then , there were such an issue ...
Page 78
... issue to be submitted to a jury . It was owed Westendorf and Bailey , but he admit- uncontroverted that community debts exist- ted owing Brown $ 100 that was contracted before the death of his wife , while Brown stated it was $ 300 ...
... issue to be submitted to a jury . It was owed Westendorf and Bailey , but he admit- uncontroverted that community debts exist- ted owing Brown $ 100 that was contracted before the death of his wife , while Brown stated it was $ 300 ...
Page 97
... issues of agency and ratification were subject to the criticism as being upon the weight of the testimony , and the same criticism would apply to several in- structions requested by the defendants upon the issue of alleged agency of ...
... issues of agency and ratification were subject to the criticism as being upon the weight of the testimony , and the same criticism would apply to several in- structions requested by the defendants upon the issue of alleged agency of ...
Page 101
... issue was supported in part by that of Nay- lor . The rule is well established that agency cannot be proven by evidence of declarations made by the alleged agent . Coleman v . Col- gate , 69 Tex . 88 , 6 S. W. 553 ; Noel v . Den- man ...
... issue was supported in part by that of Nay- lor . The rule is well established that agency cannot be proven by evidence of declarations made by the alleged agent . Coleman v . Col- gate , 69 Tex . 88 , 6 S. W. 553 ; Noel v . Den- man ...
Other editions - View all
Common terms and phrases
acres action adverse possession agent alleged amended amount APPEAL AND ERROR appellant appellee assessment assignment authority bank beneficiary bond cause cause of action Cent certificate charge circuit court city of St claim contract contributory negligence corporation counsel court of equity damages death deed of trust defendant defendant's demurrer evidence executed facts fendant filed fraud held injunction instruction interest issue James Davis Judge judgment jury land Liberty county Louis ment milk Missouri motion negligence Note Note.-For NUMBER in Dec ordinance paid parties Pemiscot county person petition plaintiff pleadings purchase question quiet title reason record refused Rep'r Indexes rule section NUMBER Series & Rep'r sheriff's deed sold statute suit supra Supreme Court term testator testified testimony thereof tiff tion tract trial court Winfree witness
Popular passages
Page 370 - He looks and laughs at a' that. A prince can mak a belted knight, A marquis, duke, and a' that ; But an honest man's aboon his might, Guid faith he mauna fa' that ! For a
Page 46 - 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 404 - No moneys shall ever be paid out of the Treasury of this State, or any of its funds or any of the funds under its management, except in pursuance of an appropriation by law ; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law. making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient for such law...
Page 414 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Page 439 - If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is.
Page 188 - In addition to the demurrer to the evidence, one of the grounds of the motion for a new trial is that the verdict is against the evidence.
Page 408 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and. capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Page 404 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.
Page 59 - In the nature of things, there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of a jury to look at this succession of events or facts, and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Page 453 - The second paragraph of section 2 of article 4 of the Constitution of the United States...