The South Western Reporter, Том 17West Publishing Company, 1892 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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Страница 21
... action . There is no question of " comity in such case . Ror . Int . St. Law , p . 155 . If , however , it were necessary for us to de . cide the question , we think we would have little difficulty in holding that an Indian , like Black ...
... action . There is no question of " comity in such case . Ror . Int . St. Law , p . 155 . If , however , it were necessary for us to de . cide the question , we think we would have little difficulty in holding that an Indian , like Black ...
Страница 39
... action upon the same ground . 2. The failure of the trial court to sustain de- murrers will be considered on appeal , ouly when presented by assignments of error . Appeal from district court , Comal county . Action by Ernst Scherff ...
... action upon the same ground . 2. The failure of the trial court to sustain de- murrers will be considered on appeal , ouly when presented by assignments of error . Appeal from district court , Comal county . Action by Ernst Scherff ...
Страница 40
... action in a new trial . We are of the opinion that the ques- tion should be answered in the negative . When a general demurrer to a petition is sustained , and the plaintiff declines to amend , he practically confesses that he has ...
... action in a new trial . We are of the opinion that the ques- tion should be answered in the negative . When a general demurrer to a petition is sustained , and the plaintiff declines to amend , he practically confesses that he has ...
Страница 64
... action against any person entitled to question the validity of the bonds and mortgage sued on . On Oc- tober 6 , 1899 , plaintiff made known to the court that it would no longer prosecute its suit , and on the same day the cause was ...
... action against any person entitled to question the validity of the bonds and mortgage sued on . On Oc- tober 6 , 1899 , plaintiff made known to the court that it would no longer prosecute its suit , and on the same day the cause was ...
Страница 65
... action , it must be shown that the one instituting the suit or action has an interest in the subject - matter of litigation , either in his own right or in a representa- tive capacity , and a state is not exempt from this rule ; though ...
... action , it must be shown that the one instituting the suit or action has an interest in the subject - matter of litigation , either in his own right or in a representa- tive capacity , and a state is not exempt from this rule ; though ...
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acres action affirmed alleged amount Appeal from circuit Appeals of Kentucky appellant appellee attorney authority bill bonds cause certificate charge circuit court claim contract conveyed conviction Court of Appeals court of equity debt deceased decree deed defendant's demurrer dence district court entitled error evidence execution fact favor fendant filed Galveston grant ground guilty Haskell county heirs held homestead husband indictment instruction intended issue Jasper county Judge judgment June 23 jurisdiction jury Kentucky liable lien Mastin ment Missouri mortgage offense opinion Owensboro owner paid parties person petition plaintiff proof provides purchase question railway company reason record recover reversed road S. W. Rep sold statute STAYTON sufficient suit Supreme Court survey taxes testator testified testimony Texas thereof tiff tion tract trial try title verdict Webb City wife witness
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Страница 168 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Страница 104 - 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.
Страница 189 - ... the fairest and most just construction of the Constitution in all its parts. In our opinion such a construction of the Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts...
Страница 283 - That the act or omission charged as the offense, is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.
Страница 240 - 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.
Страница 189 - It is therefore manifest that exemption of Federal agencies from state taxation is dependent, not upon the nature of the agents, or upon the mode of their constitution, or upon the fact that they are agents, but upon the effect of the tax; that is, upon the question whether the tax does in truth deprive them of power to serve the government as they were intended to serve it, or does hinder the efficient exercise of their power.
Страница 195 - The conclusion to be deduced from the authorities is that where power is given to public officers, in the language of the act before us or in equivalent language, whenever the public interest or Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory.
Страница 54 - I the said constituent ratifying, allowing and holding firm and valid, all and whatsoever my said attorney or his substitutes shall lawfully do, or cause to be done, in and about the premises, by virtue of these presents.
Страница 184 - States, every such person, upon conviction thereof, shall be sentenced to confinement in the penitentiary for a term not less than two nor more than six years...
Страница 262 - ... and in case of a reasonable doubt as to his guilt he is entitled to be acquitted.