The South Western Reporter, Volume 273West Publishing Company, 1925 - 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 101
... defendant expected its plant to be in operation by March 1 , 1920 , and also permit- ted plaintiff's purchasing agent to testify on cross - examination that at the time the con- tract was made he knew that defendant's furnace " was down ...
... defendant expected its plant to be in operation by March 1 , 1920 , and also permit- ted plaintiff's purchasing agent to testify on cross - examination that at the time the con- tract was made he knew that defendant's furnace " was down ...
Page 102
... defendant's purposes , and that defendant was unable to get the necessary coke elsewhere until in October and November , 1920. The defendant complains of the exclusion of this evidence by the trial court . This was not error . The de ...
... defendant's purposes , and that defendant was unable to get the necessary coke elsewhere until in October and November , 1920. The defendant complains of the exclusion of this evidence by the trial court . This was not error . The de ...
Page 103
... defendant complains of the offer and effort of plaintiff to show that , on account of the failure of defendant to de ... defendant's instruction 3 , that the parties to such a contract might extend the time of its performance either ...
... defendant complains of the offer and effort of plaintiff to show that , on account of the failure of defendant to de ... defendant's instruction 3 , that the parties to such a contract might extend the time of its performance either ...
Page 104
... defendant to file an amended an- swer , which included a counterclaim against the plaintiff . The suit was filed May ... defendant's defense there- ruled , and on that ground defendant asked to . Under that , if the jury found that there ...
... defendant to file an amended an- swer , which included a counterclaim against the plaintiff . The suit was filed May ... defendant's defense there- ruled , and on that ground defendant asked to . Under that , if the jury found that there ...
Page 118
... defendant to prove contrary . Where there was close confidential relation between defendant and his wife and wife's aged mother , there was presumption that mother's release of deed of trust on defendant's farm and gift to defendant of ...
... defendant to prove contrary . Where there was close confidential relation between defendant and his wife and wife's aged mother , there was presumption that mother's release of deed of trust on defendant's farm and gift to defendant of ...
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Popular passages
Page 162 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 426 - Jurisdiction thereof, which said spirituous, vinous, malted, fermented, or other intoxicating liquor is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the Jurisdiction thereof, is hereby prohibited.
Page 325 - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.
Page 292 - SECTION 1. The judicial power of this State shall be vested in one Supreme Court, and in such Circuit, Chancery, and other inferior courts as the Legislature shall from time to time ordain and establish, in the Judges thereof, and in Justices of the Peace.
Page 37 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 162 - The appraisers shall first select a competent and disinterested umpire; and failing for fifteen days to agree upon such umpire, then, on request of the insured or this Company, such umpire shall be selected by a judge of a court of record in the state in which the property covered is located.
Page 188 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 352 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Page 66 - The maintaining or educating, or the giving of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement...
Page 55 - York, that he has become wholly and permanently disabled by bodily injury or disease so that he is and will be permanently, continuously and wholly prevented thereby from performing any work for compensation or profit...