The South Western Reporter, Volume 290West 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 32
... matter . In Baker v . Mitchell , 105 Tenn . 612 , 59 S. W. 137 , it was directly held that a demurrer to the jurisdiction was not waived by an answer -that want of jurisdiction could neither be waived nor conferred by consent ...
... matter . In Baker v . Mitchell , 105 Tenn . 612 , 59 S. W. 137 , it was directly held that a demurrer to the jurisdiction was not waived by an answer -that want of jurisdiction could neither be waived nor conferred by consent ...
Page 37
... matter of assessment for street paving ( Pub . Acts 1st Ex . Sess . 1913 , c . 18 , $ 4 ; Priv . Acts 1919 , c . 598 , § 4 ) . Since , under Pub . Acts 1st Ex . Sess . 1913 , Session of 1913 , is a general statute apply- Chapter 18 ...
... matter of assessment for street paving ( Pub . Acts 1st Ex . Sess . 1913 , c . 18 , $ 4 ; Priv . Acts 1919 , c . 598 , § 4 ) . Since , under Pub . Acts 1st Ex . Sess . 1913 , Session of 1913 , is a general statute apply- Chapter 18 ...
Page 40
... matter presented to this court upon their motion . In an opinion by pre - involves a question of ratification or estoppel . siding Judge Faw , the Court of Appeals dis- posed of this question as follows : " We find nothing in the cases ...
... matter presented to this court upon their motion . In an opinion by pre - involves a question of ratification or estoppel . siding Judge Faw , the Court of Appeals dis- posed of this question as follows : " We find nothing in the cases ...
Page 64
... matter sought to be litigated in another , it must appear from record or from extrinsic evi- dence that particular matter was raised and de- termined in prior suit , or that it might have been litigated therein . [ Ed . Note . For other ...
... matter sought to be litigated in another , it must appear from record or from extrinsic evi- dence that particular matter was raised and de- termined in prior suit , or that it might have been litigated therein . [ Ed . Note . For other ...
Page 65
... matters , which , if proved , would sustain a plea of res judicata . To render a judgment lief . " The final decree in the case reads as fol- in one suit conclusive of a matter sought to lows : " Now on this day comes on this cause to ...
... matters , which , if proved , would sustain a plea of res judicata . To render a judgment lief . " The final decree in the case reads as fol- in one suit conclusive of a matter sought to lows : " Now on this day comes on this cause to ...
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Popular passages
Page 401 - ... as the law shall direct ; and any person who shall directly or indirectly give, promise, or bestow, any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year...
Page 295 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 295 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 71 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 297 - ... but the repeal of existing laws or modifications thereof embraced in this act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause...
Page 274 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 248 - ... made or Intended to take effect in possession or enjoyment after the death of the grantor...
Page 281 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Page 287 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.
Page 345 - He (plaintiff) must show that the relation of master and servant existed between the defendant and the person...