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 134
... pleadings is required . Such suit may be instituted by filing a prop- er statement , as was done in this case . In fact , there is no point made here that there was no cause of action stated . The amount asked for was $ 493 , " and ...
... pleadings is required . Such suit may be instituted by filing a prop- er statement , as was done in this case . In fact , there is no point made here that there was no cause of action stated . The amount asked for was $ 493 , " and ...
Page 140
... pleadings and proceedings in this cause , made by the clerk of the circuit court of St. Louis county , Mo. , and filed herein , we find on page 8 , the fol- lowing : " Q. Just describe where the place was so that the court will ...
... pleadings and proceedings in this cause , made by the clerk of the circuit court of St. Louis county , Mo. , and filed herein , we find on page 8 , the fol- lowing : " Q. Just describe where the place was so that the court will ...
Page 145
... pleading . 3. Judgment 251 ( 1 ) —Judgment of court , adjudicating matters not embraced in issues made by pleadings , coram non judice and void . Where a court adjudicates a matter not embraced in issues as made by pleadings , that For ...
... pleading . 3. Judgment 251 ( 1 ) —Judgment of court , adjudicating matters not embraced in issues made by pleadings , coram non judice and void . Where a court adjudicates a matter not embraced in issues as made by pleadings , that For ...
Page 146
... pleadings . 5. Judgment 18 ( 1 ) Trial division held without jurisdiction to enter judgment in garnishment ... pleading , was filed in the assignment division of the circuit court of Jackson county , held , that division No. 3 was ...
... pleadings . 5. Judgment 18 ( 1 ) Trial division held without jurisdiction to enter judgment in garnishment ... pleading , was filed in the assignment division of the circuit court of Jackson county , held , that division No. 3 was ...
Page 147
... pleadings , that part of the judgment so adjudicated is coram non judice and void ; that the fact that the judgment ... pleadings . If this were not true , a court could award money . paid into court by a stakeholder without any pleading ...
... pleadings , that part of the judgment so adjudicated is coram non judice and void ; that the fact that the judgment ... pleadings . If this were not true , a court could award money . paid into court by a stakeholder without any pleading ...
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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...