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 26
... recover commissions for selling and renewal of insurance held not to state cause of action at law , in view of Rev. St. 1919 , § the case , we have only to look to the record , 7. Insurance 84 ( 6 ) -Petition to recover in- proper ...
... recover commissions for selling and renewal of insurance held not to state cause of action at law , in view of Rev. St. 1919 , § the case , we have only to look to the record , 7. Insurance 84 ( 6 ) -Petition to recover in- proper ...
Page 76
... recover compensation un- der the Texas Employers ' Liability Act for the death of C. J. Morgan , an employé of Mc- Donald Bros. Judgment for plaintiffs , and defendant appeals . Affirmed . " ( 3 ) The court finds that in the early ...
... recover compensation un- der the Texas Employers ' Liability Act for the death of C. J. Morgan , an employé of Mc- Donald Bros. Judgment for plaintiffs , and defendant appeals . Affirmed . " ( 3 ) The court finds that in the early ...
Page 77
... recover in this case the sum of $ 20 per week for a total of 360 weeks , less the sum of $ 1,170 heretofore paid by the defendant company to said Morgan prior to his death . " ( 2 ) The court concludes as a matter of law that the lump ...
... recover in this case the sum of $ 20 per week for a total of 360 weeks , less the sum of $ 1,170 heretofore paid by the defendant company to said Morgan prior to his death . " ( 2 ) The court concludes as a matter of law that the lump ...
Page 80
... recover . 14. Trespass to try title 41 ( 2 ) -Rule that superior title , emanating from common source , shows prima facie right to recover , is rule of evidence . Rule that party showing superior tifle , ema- nating from common source ...
... recover . 14. Trespass to try title 41 ( 2 ) -Rule that superior title , emanating from common source , shows prima facie right to recover , is rule of evidence . Rule that party showing superior tifle , ema- nating from common source ...
Page 86
... recover . This is , how ever , a rule of evidence , and not of estoppel . Rice v . Railway , 87 Tex . 90 , 26 S. W. 1047 , 47 Am . St. Rep . 72. For the defendant in such case to defeat the plaintiff's cause of action , he must show ...
... recover . This is , how ever , a rule of evidence , and not of estoppel . Rice v . Railway , 87 Tex . 90 , 26 S. W. 1047 , 47 Am . St. Rep . 72. For the defendant in such case to defeat the plaintiff's cause of action , he must show ...
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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.