The South Western Reporter, Volume 275West 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 6
... question , but will content ourselves with saying that the pleadings failed to point out a neglect of mandatory duty on the part of members of the fiscal court . At best it can only be con- strued as alleging a failure to discharge dis ...
... question , but will content ourselves with saying that the pleadings failed to point out a neglect of mandatory duty on the part of members of the fiscal court . At best it can only be con- strued as alleging a failure to discharge dis ...
Page 16
... question presented is whether , on these facts Cornish was serving his employer at the time of the accident or was driving the car only for a purpose of his own . The evidence leaves no doubt of criminal negli- gence on the part of ...
... question presented is whether , on these facts Cornish was serving his employer at the time of the accident or was driving the car only for a purpose of his own . The evidence leaves no doubt of criminal negli- gence on the part of ...
Page 19
... question as to what caused her to fall on the steps , she said : " A. Highly polished marble . A. I know that is what caused me to fall . " 108. Do you know that that is what caused you to fall or hurt you , just- A. I know that is what ...
... question as to what caused her to fall on the steps , she said : " A. Highly polished marble . A. I know that is what caused me to fall . " 108. Do you know that that is what caused you to fall or hurt you , just- A. I know that is what ...
Page 34
... question now , and I would be obliged if you would observe the rule from If I have erred , the Supreme Court will set me right . They have passed on it , and now let one ruling in this case suffice . " Mr. Irwin : Does the court rule I ...
... question now , and I would be obliged if you would observe the rule from If I have erred , the Supreme Court will set me right . They have passed on it , and now let one ruling in this case suffice . " Mr. Irwin : Does the court rule I ...
Page 35
... question of improvements , and , of course , the question of good faith has nothing to do with the amounts of rents and profits the respondent is required to pay . He must pay the full value of the rents and profits whether he entered ...
... question of improvements , and , of course , the question of good faith has nothing to do with the amounts of rents and profits the respondent is required to pay . He must pay the full value of the rents and profits whether he entered ...
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acres affirmed alleged amount answer Appeal and error Appeals of Texas appellant appellant's appellee appellee's bank cause of action charge Civil Appeals claim contention contract cotton Court of Civil damages deed defendant defendant's Digests and Indexes District Court entitled evidence executed fact fendant filed Fort Worth fraud G. W. Hunt Harris & Powell held Hugh Reilly injury issue Judge judgment jury Key-Numbered Digests land lease lien Llano county ment Milam county motion negligence overruled paid parties payment pellant petition plaintiff in error pleadings possession purchase question railroad reason recover refused Rehearing Denied rendered rule sheriff statute sued Sugarland suit surety sustained testator testified testimony thereof tion topic and KEY-NUMBER tract trial court try title verdict wife Willacy county witness writ
Popular passages
Page 319 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore contained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached or appended hereto.
Page 294 - 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 391 - Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.
Page 30 - The promotion of the interests of individuals, either in respect of property or business, although it may result incidentally in the advancement of the public welfare, is, in its essential character, a private and not a public object. However certain and great the resulting good to the general public, it does not, by reason of its comparative importance, cease to be incidental.
Page 294 - 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 335 - Upon any agreement, that is not to be performed within one year from the making thereof; Unless the promise, contract or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully Authorized...
Page 47 - 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 juctg- £ ment, 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 314 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject...
Page 420 - The question always Is: Was there an unbroken connection between the wrongful act and the inJury — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause Intervening between the wrong and the injury?
Page 199 - The superintendent may pay over the moneys so held by him to the persons respectively entitled thereto upon being furnished satisfactory evidence of their right to the same. In cases of doubt or conflicting claims he may require an order of the supreme court authorizing and directing the payment thereof.