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 7
... statute on the ground that it vests the grand jurors with an unconstitutional discretion to enforce or overlook violations of law . I. Indictment and information 8 - Grand such offense , if , in their opinion , the public jury cannot ...
... statute on the ground that it vests the grand jurors with an unconstitutional discretion to enforce or overlook violations of law . I. Indictment and information 8 - Grand such offense , if , in their opinion , the public jury cannot ...
Page 19
... statute seems clear , but it is argued that it was beyond the power of the Legislature to enact such a require- ment . We do not pause to consider this argument , for the workmen's compensation statute is elective , and no workman or em ...
... statute seems clear , but it is argued that it was beyond the power of the Legislature to enact such a require- ment . We do not pause to consider this argument , for the workmen's compensation statute is elective , and no workman or em ...
Page 22
... statute , sheriff may be sued pened anywhere , as debt , detinue , slander , officially in another county for assault . and the like . " 3 Blackstone Commentaries , 294 . 4. Statutes 167 ( 2 ) -No English statute , as such , is in force ...
... statute , sheriff may be sued pened anywhere , as debt , detinue , slander , officially in another county for assault . and the like . " 3 Blackstone Commentaries , 294 . 4. Statutes 167 ( 2 ) -No English statute , as such , is in force ...
Page 23
... statute , a sheriff may not be sued officially in another county . In 40 Cyc . 87 , it is said : " Actions , in nature of trespass or trespass on the case , against public officers for acts of omis- sion or commission in the conduct of ...
... statute , a sheriff may not be sued officially in another county . In 40 Cyc . 87 , it is said : " Actions , in nature of trespass or trespass on the case , against public officers for acts of omis- sion or commission in the conduct of ...
Page 29
... statute which would prohibit him from serving it to them in his yard . Giv- ing the statute the construction contended for by the state would make one guilty who transported liquor from his pantry to his din- ing table . If the liquor ...
... statute which would prohibit him from serving it to them in his yard . Giv- ing the statute the construction contended for by the state would make one guilty who transported liquor from his pantry to his din- ing table . If the liquor ...
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...