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accepted action AFFIRMED agent agreed alleged amended amount answer appeal applied authority Bank bill cause charge Circuit claim common condition consideration contract Court of Appeals crossing damages death defendant defendant's delivered direct duty effect engine entered error evidence ex rel exceptions executed fact failed filed fraud further give given ground held injury instruction Insurance interest issue Judge judgment jury Kansas City land Louis March matter Missouri motion negligence notice paid party perform person petition plain plaintiff pleaded possession proceeding proof proper prove purchase question Railroad Railway reason received record recover refused relating respondent result reversed rule servant statute street sufficient suit term testimony tion track train trial verdict wife witness
Page 94 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 253 - ... execute and deposit as security for the notes, and that defendants failed to perform that agreement. Afterwards the lots were sold under the deed of trust. It Is conceded that, though NB Winfrey was made the payee of the second note, he had no real Interest In the transaction, but was acting for plaintiff. The burden of proof was on the defendants to show that the notes were not delivered to plaintiff, but were wrongfully obtained by him from the bank, and that they were unsupported by a sufficient...
Page 267 - At the trial, plaintiff took a nonsuit with leave to move to set the same aside and after her motion was overruled, brought the case here by appeal.
Page 99 - community of right," or of " interest in the subject-matter," among these individuals, but where there is and because there is merely a community of interest among them in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded and obtained by or against each individual member of the numerous body.