The South Western Reporter, Volume 289West 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 9
... exceptions on the former appeal . There was no error in this respect . Johnson was a witness for the plaintiff on the former trial , and was examined and cross - examined at length . His testimony was taken down . by the court ...
... exceptions on the former appeal . There was no error in this respect . Johnson was a witness for the plaintiff on the former trial , and was examined and cross - examined at length . His testimony was taken down . by the court ...
Page 16
... exceptions is filed , and no error appears in record proper , judgment will be affirmed . Where no bill of exceptions was filed , and cause was before appellate court on record proper , question of validity of writing sued up- on could ...
... exceptions is filed , and no error appears in record proper , judgment will be affirmed . Where no bill of exceptions was filed , and cause was before appellate court on record proper , question of validity of writing sued up- on could ...
Page 24
... exceptions , court of appeals will not consider evidence brought in form of affidavits by filing as exhibits . In absence of bill of exceptions , the Court of Appeals looks only to the record proper , and evidence attempted to be ...
... exceptions , court of appeals will not consider evidence brought in form of affidavits by filing as exhibits . In absence of bill of exceptions , the Court of Appeals looks only to the record proper , and evidence attempted to be ...
Page 31
... exceptions shows the following then occurred : " The Court : The court gives the instruction to the effect that under the pleadings and plain- tiff's evidence , plaintiff is not entitled to recover and also indicates that he will ...
... exceptions shows the following then occurred : " The Court : The court gives the instruction to the effect that under the pleadings and plain- tiff's evidence , plaintiff is not entitled to recover and also indicates that he will ...
Page 38
... exceptions , by which complaint is presented of the admis- sion of the testimony of witness Perkins , who gave evidence of the fact that some time after the commission of the alleged offense , and upon the same night , the owner of the ...
... exceptions , by which complaint is presented of the admis- sion of the testimony of witness Perkins , who gave evidence of the fact that some time after the commission of the alleged offense , and upon the same night , the owner of the ...
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Common terms and phrases
acres adverse possession affirmed agreed alleged amount Appeals of Texas appellant appellant's appellee assignment attorney Ballard county bank bill of exceptions Bowie County charge Circuit Court claim coal Company contract corporation Court of Civil Criminal law damages deceased deed defendant defendant's demurrer Digests and Indexes District Court entitled Erath county evidence executed facts favor fendant filed garnishee held injury issue Johnson county Judge judgment jury Key-Numbered Digests land lant lease Lee Gray lessee liable lien Lonoke county ment mortgage motion opinion overruled paid parties pellant petition plaintiff pleadings possession prosecution purchaser question reason record recover refused Rehearing remanded rendered reversed reversible error rule Sam Lee State's Atty statute suit sustained testified testimony thereof tion topic and KEY-NUMBER tract trial court try title verdict wife witness
Popular passages
Page 368 - ... a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process".
Page 362 - State, to teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals.
Page 469 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 11 - ... is conclusively presumed if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession...
Page 364 - ... no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given by law to any religious establishment or modes of worship.
Page 193 - 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 265 - Conversion is any distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein...
Page 379 - ... of the assessed valuation of the real property of such district or territory, except that the total bonded indebtedness of any city, or town shall never exceed the limits imposed by other provisions of this Constitution, and levy and collect...
Page 364 - Knowledge, learning and virtue, being essential to the preservation of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the State being highly conducive to the promotion of this end, it shall be the duty of the General Assembly, in all future periods of this Government to cherish literature and science.
Page 284 - When the commissioner, his assistants, inspectors,- or any officer of the law shall discover any person in the act of transporting in violation of the law, intoxicating liquors in any wagon, buggy, automobile, water or air craft, or other vehicle, it shall be his duty to seize any and all intoxicating liquors found therein being transported contrary to law.