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 116
... rule then ( theretofore ) favored by the decisions of this state was error . But , after a review of the authorities in this and other states , it was held that said rule was unsound . rule pronounced unsound , and not to be fol- lowed ...
... rule then ( theretofore ) favored by the decisions of this state was error . But , after a review of the authorities in this and other states , it was held that said rule was unsound . rule pronounced unsound , and not to be fol- lowed ...
Page 121
... rule is no broader than its basis , and if for any reason no obligation exists to consult the record , or if the interested person be circumvented from taking advantage of his opportunity , the rule does not obtain . There is no ...
... rule is no broader than its basis , and if for any reason no obligation exists to consult the record , or if the interested person be circumvented from taking advantage of his opportunity , the rule does not obtain . There is no ...
Page 122
... rule conflicts with statute , rule must fail . 3. Courts 85 ( 3 ) -Stipulation for transfer of case from one equity division court to an- other held binding on parties , regardless of rule of court . Rev. St. 1919 , § 1356 , providing ...
... rule conflicts with statute , rule must fail . 3. Courts 85 ( 3 ) -Stipulation for transfer of case from one equity division court to an- other held binding on parties , regardless of rule of court . Rev. St. 1919 , § 1356 , providing ...
Page 123
... rule , and the rules of said circuit court , brought here by the relat- or , contain no provision requiring consent of the judge before whom the cause is to be transferred , and it seems no such rule ex- ists . In respondent's brief the ...
... rule , and the rules of said circuit court , brought here by the relat- or , contain no provision requiring consent of the judge before whom the cause is to be transferred , and it seems no such rule ex- ists . In respondent's brief the ...
Page 124
... rule which would go beyond the statute , and ǹar- row the rights of litigants as therein provid- ed , would , we think , be invalid . A court can- not make and enforce a rule that would de- prive a party of the right given him by law ...
... rule which would go beyond the statute , and ǹar- row the rights of litigants as therein provid- ed , would , we think , be invalid . A court can- not make and enforce a rule that would de- prive a party of the right given him by law ...
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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...