The South Western Reporter, Volume 286West Publishing Company, 1926 - 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 77
... exceptions . On the 3d of February , 1876 , the respondent filed a motion to confirm the award . It is stated in the record that this motion was filed by consent of parties and by leave of court nunc pro tunc as of September 20 , 1875 ...
... exceptions . On the 3d of February , 1876 , the respondent filed a motion to confirm the award . It is stated in the record that this motion was filed by consent of parties and by leave of court nunc pro tunc as of September 20 , 1875 ...
Page 83
... exceptions alleged to have been filed , and appearing in what is called " Addi- tional Abstract , Bill of Exceptions and As- signment of Errors of Appellant , " the follow- ing appears : " Counsel for relators , to sustain the issues ...
... exceptions alleged to have been filed , and appearing in what is called " Addi- tional Abstract , Bill of Exceptions and As- signment of Errors of Appellant , " the follow- ing appears : " Counsel for relators , to sustain the issues ...
Page 123
... exceptions not being sufficient . 2. Appeal and error ~ 654 . Where abstract of record proper served on respondent ... exceptions . It has often been held that the record proper must show that the motion for a new trial was filed . The ...
... exceptions not being sufficient . 2. Appeal and error ~ 654 . Where abstract of record proper served on respondent ... exceptions . It has often been held that the record proper must show that the motion for a new trial was filed . The ...
Page 124
... exceptions . The showing of the filing of a motion for a new trial is found in that part of the abstract which defendants claim is the bill of exceptions . [ 2 ] After the motion to affirm was served and filed , defendants filed here ...
... exceptions . The showing of the filing of a motion for a new trial is found in that part of the abstract which defendants claim is the bill of exceptions . [ 2 ] After the motion to affirm was served and filed , defendants filed here ...
Page 159
( 286 S.W. ) A nunc pro tunc order , correcting bill of exceptions , is proper only if record in some way shows facts authorizing correction . 3. Exceptions , bill of 59 ( 1 ) . chased them , and it is insisted that it was to order ...
( 286 S.W. ) A nunc pro tunc order , correcting bill of exceptions , is proper only if record in some way shows facts authorizing correction . 3. Exceptions , bill of 59 ( 1 ) . chased them , and it is insisted that it was to order ...
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Common terms and phrases
action adverse possession affirmed alleged Appeal and error appellant appellant's appellee bank bond cause certiorari charge circuit court Civil Appeals claim Company contract corporation county court Court of Civil death deceased deed deed of trust defendant defendant's demurrer dence Diehlstadt Digests and Indexes district court electric estoppel evidence ex rel executed facts fendant filed Fort Worth held homestead Indexes 286 injury instruction issue Jasper County Judge judgment jurisdiction jury Key-Numbered Digests land lien Louis county mechanic's lien ment Missouri mortgage motion negligence notes opinion paid parties payment person petition plaintiff plaintiff in error pleaded possession purchaser question reason record refused Rehearing reversible error rule statement statute suit testator testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust verdict wife witness writ
Popular passages
Page 404 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 80 - Signed, sealed, published and declared by the said John Alden, 2nd, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names as witnesses the day and year above written.
Page 404 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 286 - No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Page 86 - ... are unjust, unreasonable, unjustly discriminatory or- unduly preferential or In any wise In violation of any provision of law...
Page 86 - Commission and duly published and in effect at the time ; nor shall any such carrier rebate, refund, or remit in any manner or by any device any portion of the rates or charges so specified, nor extend or deny to any person any privilege or facility, except in accordance with such tariffs.
Page 404 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Page 86 - ... notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the...
Page 49 - And the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done but how it shall be done.
Page 86 - ... notice to the commission and publication for thirty days as required by this act, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the...