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. |
From inside the book
Results 1-5 of 100
Page 6
... ment and agreed to protect him against in- jury from strikers , and , relying upon the promise , plaintiff entered service of the rail- way and was injured because the railway negligently failed to guard its workmen from its striking ...
... ment and agreed to protect him against in- jury from strikers , and , relying upon the promise , plaintiff entered service of the rail- way and was injured because the railway negligently failed to guard its workmen from its striking ...
Page 21
... ment , they may be exonerated from the liability as mandatory or as permissive is to be deter- by the surrender of the defendant and the pay - mined in each case from the apparent intention ment of all costs ; but may be exonerated from ...
... ment , they may be exonerated from the liability as mandatory or as permissive is to be deter- by the surrender of the defendant and the pay - mined in each case from the apparent intention ment of all costs ; but may be exonerated from ...
Page 25
... ment is declared on in the pleadings that a denial under oath becomes necessary . Where such an instrument is merely offered in evi- dence , in support of the action , its execution does not have to be denied under oath . For the ...
... ment is declared on in the pleadings that a denial under oath becomes necessary . Where such an instrument is merely offered in evi- dence , in support of the action , its execution does not have to be denied under oath . For the ...
Page 44
... ment of equities as between lessee and his as- signees . Where lessee under oil and gas lease had assigned part of interest , and purchaser of part of remaining tract insisted on payment of rent- al on entire lease for one year in ...
... ment of equities as between lessee and his as- signees . Where lessee under oil and gas lease had assigned part of interest , and purchaser of part of remaining tract insisted on payment of rent- al on entire lease for one year in ...
Page 50
... ment in usual course . National Bank v . Burk- hardt , 100 U. S. 686 , 689 , 25 L. Ed . 766. " We are of the opinion that the exceptions recognized in the cases just cited are in ac- cord with the holding of this court on the subject ...
... ment in usual course . National Bank v . Burk- hardt , 100 U. S. 686 , 689 , 25 L. Ed . 766. " We are of the opinion that the exceptions recognized in the cases just cited are in ac- cord with the holding of this court on the subject ...
Other editions - View all
Common terms and phrases
action affirmed agreement alleged amount appellant appellant's appellee assessment authority bank bill bond cause charge circuit court Civil Appeals claim complained Constitution contract Coun Court of Appeals Court of Civil Deaf Smith county debt decree deed of trust defendant defendant's demurrer Digests and Indexes easement Eastland county election evidence facts fendant filed Fountain City habeas corpus held Indexes 290 injury instruction issue Judge judgment jury Key-Numbered Digests land lease liability Liberty county lien Lumber Company ment Missouri motion negligence opinion paid parties payment petition plaintiff in error pleadings premium prosecution purchase question record Rehearing res judicata rule Sam Boyd school district statute street suit Supreme Court sustained Tenn testified testimony thereof tion topic and KEY-NUMBER tract trial court verdict votes witness
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...