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action affirmed agent agreement alleged amount answer appeal application attachment authority Bank bond called cause charge circuit court claim collection condition consideration contract corporation Court of Appeals damages Davis debts defendant defendant's duty effect election entitled error evidence ex rel exchange executed existence facts failed filed further give given ground held instruction intent interest issue Judge judgment jurisdiction jury justice Kansas City land liability Louis matter ment Missouri mortgage motion negligence notice objection opinion paid party payment person petition plaintiff possession present principal proceeding purchase question Railroad reason received record recover refused REMANDED rendered respondent reversed Revised Statutes rule shares Smith statement stockholders sufficient suit sustained testimony tion Tobacco trial court witness
Page 338 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 569 - The rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so ; and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged.
Page 545 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised : First.
Page 155 - There is no doubt that, where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract, on the one hand, to, and to charge with liability, on the other, the unnamed principals...
Page 421 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 89 - ... marriage, or to be made out of his property, and for such time as the nature of the case and circumstances of the parties render suitable and proper in the opinion of the court...
Page 622 - But there is no such magic in a meandered line. All that can be said of it is that it is an irregular line which bounds a body of land, and beyond that boundary there may be found forest or prairie, land or water, government or Indian reservation.
Page 488 - No action shall be brought to charge any person upon any c.ont.ract made for the sale of lands • * • unless the agreement upon which the action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 570 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.