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 20
... claim against the ap pellant for the destruction of said property to appellee , and had authorized him to sue therefor in his own name . The trial before a jury on September 19 , 1888 , resulted in a verdict and judgment in favor of ap ...
... claim against the ap pellant for the destruction of said property to appellee , and had authorized him to sue therefor in his own name . The trial before a jury on September 19 , 1888 , resulted in a verdict and judgment in favor of ap ...
Страница 21
... claim for damages as is of that nature , and would have had juris- diction of the whole claim if it had been clearly shown that the action is transitory as to all of the items for which damages are claimed , still , upon the other hand ...
... claim for damages as is of that nature , and would have had juris- diction of the whole claim if it had been clearly shown that the action is transitory as to all of the items for which damages are claimed , still , upon the other hand ...
Страница 23
... claim for damages , without an injury to himself , but also to avoid being compelled to respond in double damages ... claim for dam . ages ? The appellant contends that an Indian , being under the control and pro- tection of the ...
... claim for damages , without an injury to himself , but also to avoid being compelled to respond in double damages ... claim for dam . ages ? The appellant contends that an Indian , being under the control and pro- tection of the ...
Страница 24
... claim for dam- ages done to property being such as is or- dinarily assignable , we are of the opinion that the fact that Black is an Indian does not render the assignment illegal or inop- erative , and therefore the court below did not ...
... claim for dam- ages done to property being such as is or- dinarily assignable , we are of the opinion that the fact that Black is an Indian does not render the assignment illegal or inop- erative , and therefore the court below did not ...
Страница 29
... claim that said sale by said trus- tees is perfect and valid as to said Smith and Robinson , and they make no claim to said land , but that these defendants , hold- ing that said trustees ' sale was invalid as to said Rogers , assert claim ...
... claim that said sale by said trus- tees is perfect and valid as to said Smith and Robinson , and they make no claim to said land , but that these defendants , hold- ing that said trustees ' sale was invalid as to said Rogers , assert claim ...
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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.